What to Do When You Are Being Investigated
What are my rights if I'm beingness investigated at work?
05 November 2021
What to do when yous find out you're under investigation at work
Firstly, don't panic. Whilst it's never squeamish to know yous're under investigation, no formal conclusion has all the same been made. There is no guarantee that the process volition get whatever further – disciplinary action should only exist taken if there is plenty show to show there is a instance to answer. The process may too accept some time, particularly if there is lots of evidence to gather or witnesses to speak to.
Employers have a wide discretion when it comes to investigations – generally in that location is no correct to be accompanied at an investigation meeting (unless your employer's policy says otherwise) and no right to meet the evidence beingness used at this stage (unless your employer'south policy says otherwise). That tin can add to the stress of being nether investigation, but it is still important to remain calm then that y'all tin can respond to whatsoever allegations being fabricated.
In the concurrently, you should obtain a copy of your employer's disciplinary policy so that you know what to expect. This will also aid you to identify any areas where the policy is non beingness followed.
To what extent should you cooperate with the investigation?
Yous should e'er cooperate fully where you can. Providing wrong information, or withholding information technology, could undermine your instance and make it more than likely that your employer thinks in that location is a case to respond. Putting forward your side of the story as soon as you lot can, with any supporting bear witness you have is the all-time matter you can do.
What happens once the investigation concludes
At the cease of an investigation, your employer should make up one's mind whether or not there is a case to reply. If at that place is no case to answer, the procedure should end in that location.
If in that location is a example to reply, your employer may starting time a disciplinary process. This is much more than formal and y'all would accept the correct to exist accompanied at any disciplinary meeting, the correct to see any testify against you, and the right to be given advance notice of any meetings. The person who conducted the investigation should likewise not be involved in making the determination during any disciplinary process, unless this is not practical to avert (for example, if yous piece of work for a small company or an private).
If you have less than two years' service, your employer may expedite this process every bit you would not generally be able to merits unfair dismissal unless a specific statutory exemption applied.
Working with a lawyer
If you're under investigation or have been invited to a disciplinary hearing, an employment solicitor tin can advise you throughout the process. That includes giving you advice on what to expect, the strength of the prove against y'all and preparing written submissions on your behalf.
In some cases, your employer may be willing to enter into a negotiated settlement rather than proceed with the process and a lawyer tin help you with this as well.
Generally, a lawyer would non exist able to accompany you to any investigatory or disciplinary meetings.
Resigning during the investigation
Normally this is not appropriate, fifty-fifty if y'all feel that the process existence followed is unfair. If an Employment Tribunal claim is a likely result to your state of affairs, information technology is normally all-time to remain employed and run across information technology through. That is for 3 reasons – firstly because in an unfair dismissal claim, the burden is on your employer to show that the procedure they followed was a fair and reasonable 1, whereas if yous resign and bring a claim, the burden is on you to evidence that your employer did something seriously wrong.
Secondly, resigning earlier the procedure has concluded tin can be seen every bit a sign of guilt and it tin can be difficult to persuade a Tribunal that you resigned for any other reason.
Thirdly, even if you resign, your employer tin can sometimes decide to continue with the disciplinary process anyway. This is more ofttimes the example if yous work in a regulated sector or with children as your employer may want to determine whether a referral to a regulator needs to be fabricated.
This is very general advice and will not apply to every state of affairs, so yous should take specific advice if y'all are because resigning during an investigation or disciplinary process.
Taking your case to an Employment Tribunal
If you lot have been dismissed without your employer post-obit the correct process and you have two years' service, you could have a claim for ordinary unfair dismissal. Common examples of when you might have a example are:
- When an allegation has not been investigated thoroughly plenty – for instance if not all witnesses were spoken to;
- Where the evidence against y'all was not strong enough to suggest you were guilty of the allegation(s);
- If the decision was also harsh or not in line with similar sanctions given to other employees;
- Where either your employer'due south disciplinary policy or the Acas Code of Do on Disciplinary Procedures was non followed;
- Where adjustments should have been made to the process in order to accommodate your disability; or
- Where you were not allowed to be accompanied by either a work colleague or merchandise union representative in your disciplinary meeting.
How Richard Nelson LLP tin aid employees under investigation at work
Richard Nelson LLP's squad of experienced employment law solicitors are here to advise you throughout the entire process to ensure you take the power to respond to any allegations being made.
If you demand further guidance on investigations at work, please don't hesitate to arrive contact with us. Our lawyers tin guide you through every step of the investigation procedure, from preparing yous for disciplinary hearings, to assisting with negotiated settlements.
Written past George Miller
George joined Richard Nelson LLP in 2021 as a Chartered Legal Executive, and is part of the house's employment law team. He supports both employers and employees in a range of cases, including unfair dismissal, settlement agreements, and disciplinary procedures. Read more about George Miller
Source: https://www.richardnelsonllp.co.uk/what-are-my-rights-if-im-being-investigated-at-work/
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