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Disciplinary Case Study

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CASE STUDIES

Disciplinary

The need for a disciplinary investigation can happen at anytime, and cause unnecessary stress on your business. Part of our process with handling a disciplinary investigation is to advise you on every step and be as involved as you need us to be.

Key points:

  • The client received a complaint from a third party about one of their employees.
  • This complaint needed to be investigated and if the investigation found the complaint to be substantiated, this would be followed by formal disciplinary proceedings.
Two business men looking at a form across a table

What happened?

An investigation and disciplinary hearing should be carried out by different people, if possible, however, the client only had one senior manager who was experienced with disciplinary cases.

Therefore, they wanted to outsource the investigation meaning the senior manager could chair the potential disciplinary hearing.

Our solution

Crossley HR gave the client some initial advice on the employee’s suspension pending the investigation.

We then prepared an investigation plan which included information such as:

  • What needed to be investigated;
  • What witnesses needed to be spoken with;
  • What evidence needed to be collated;
  • What policies and procedures needed to be reviewed.

Following this, we carried out the investigation by obtaining any physical evidence, chairing investigation meetings with the employee and witnesses and collating documentation.

The result

On completion of the investigation, we drafted an investigation report which gave the client a recommendation about the action to take.
 
The ACAS code of practice, which is approved by parliament, sets out guidelines for the employer to follow in a disciplinary case. It is this guide that states different people should conduct the investigation and disciplinary. The client instructing us to complete the investigation and provide a framework of actions to take, meant the client fulfilled their ACAS employers obligations.