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module menu icon The investigation

Whenever there is any allegation of misconduct or gross misconduct, a fair and balanced investigation should be carried out to establish the facts. Depending on the circumstances of the case, this may involve taking statements from witnesses, reviewing CCTV footage or reviewing an employee’s training file.

An investigation meeting should also be held with the employee to get their response to the allegation. There is no need to give the employee notice of the investigation meeting and they do not have a right to be accompanied, although in some circumstances you may decide to permit this.

Once the investigation has been concluded, you will have all of the facts and be able to decide whether there is a disciplinary case to answer. If you are satisfied there is, then the employee should be invited to a disciplinary hearing.

You should also consider whether it is necessary to suspend the employee. In cases of gross misconduct, suspension would usually be appropriate and should be on full pay.

Activity

Consider a current or past situation with a staff member whom you managed. What was the evidence involved, and how should that have been dealt with? Work out the various stages of the process with this person in mind.

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