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INVESTIGATIONS ARISING OUT OF DISCIPLINARY / GRIEVANCE PROCEDURES |
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This page last updated on 1 April 2007
What sort of situations can arise?
For instance, the matter may be highly sensitive, perhaps with potential media interest. Another example would be where there is an unusual degree of complexity: a large number of witnesses to interview and / or a significant volume of documentation to consider. Or there may be a difficulty in finding enough people at the right level of seniority in the organisation, who are not involved in the events complained of and who are not acting as both investigator and 'judge'. Or maybe you are 99% sure this case will go to Court or Tribunal, and you want to be sure that the investigation is 'top notch' and ready for your external solicitors to take up if and when a claim is lodged after the hearing and any appeal have been completed.
How could I help your organisation?
As an independent person with no stake in your organisation, I am more likely to be seen as impartial by staff. Given that I also have substantial experience in dispute resolution, it may in addition be possible for me to help your organisation and the member/s of staff concerned to find a mutually satisfactory and cost-effective solution to any problem there may be lying behind the issue on the table.
What if your procedures do not mention the possibility of an outside investigator?
You want me to carry out an investigation. What do you do next?
We are talking here of staff disiplinary matters or staff grievances. In the normal course of things, it is for the employer to carry out a fair and proper investigation prior to any formal hearing/s, in accordance with the organisation's established policies. However, in some instances, it may be desirable to have an outside, independent investigator.
With my legal background, I am well used to taking statements, considering documents, and preparing succinct and clear written reports that enable a conclusion to be reached on key facts. I have done this several times in the past. One of the main advantages to the employer is that it frees up management time and mental energy that would otherwise be sucked into such an investigation.
This is not normally a problem in the the sorts of situations envisaged. Obviously, for 'day to day' disciplinary or grievance investigations, you (as the employer) would handle this yourselves. However, where one or more of the special factors (above) is present, the member/s of staff concerned will often be happier with an external investigator as it can demonstrate that the employer is serious about getting to the truth.
Please telephone me on 0117 962 2356 or e-mail me with relevant details.