Sensitive Investigations
SMEs often face challenges when it comes to handling complex or sensitive employee-related investigations while having to follow the ACAS Code of Practice on Disciplinary and Grievance Procedures. That's why we want to highlight the availability of our external HR support to help you navigate these situations. With the right support, you can ensure that grievances and disciplinary actions are handled fairly and effectively while minimising risk for your business. Contact us today to learn more about how we can help
Grievances
A grievance should not be ignored, for in doing so there is a strong likelihood that this will develop into something greater and a legal claim or others lodging similar complaints. This could involve the employee resigning their position and claiming constructive dismissal. In addition, ignoring the grievance could potentially be regarded as discrimination thereby allowing a claim on a protected characteristic.
Initially, any grievance should be raised in writing to the employee's line manager. Good practice would also provide the option to report it to another manager or the HR department if it involved the employee's line manager directly.
A grievance may be made by someone other than the employee but it must still be investigated, but first checking with the employee that they agree they wish it to be investigated.
The receipt of a grievance from an employee who has left the company should still be investigated as the outcome may highlight a future issue that could be avoided or flag up a recurrent personnel issue.
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Disciplinaries
Disciplinary investigations need to be thought about carefully as to what it is setting out to achieve, yes, to explore the facts and what happened or just as importantly what did not happen. The key element is looking for what evidence supports the allegation and whether is there any evidence that may undermine it.
Selecting the investigator requires the individual to be someone whom your organisation has trust in to be unbiased, logical, intelligent, and who will take a professional approach to the task. This can certainly be an employee or a company manager. It could be an external consultant with particular expertise or extensive experience in undertaking such investigations, or when it may be better to retain a company manager to undertake the disciplinary hearing or hearing any appeal.
The investigator should also be fair and objective, trustworthy to keep the investigation confidential and understand the workings of the organisation. They mustn't be personally involved in the matter or be easily influenced.