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Disciplinary Investigations

Fern

Hi all,

We're currently reviewing the way our disciplinary investigations are undertaken.  At present two members of our HR team would conduct an investigation and then a Senior Manager from within the business would Chair the Hearing (accompanied by another member of HR).  We're considering bringing managers (the level below our Senior Managers) in to investigate with one member of HR.  For this we're considering that manager being from within the same department that the employee is based in. 

I'm keen to learn what other companies do in this regard, people experiences of involving managers at the disciplinary stage and your views on this as an idea?

Thanks in advance

Fern

Parents

  • Most of the processes I have been involved with or implemented have very little HR involvement. Discipline is a line activity and should be led by them. Often HR advice can be supplied effectively remotely in all but the hardest cases.

    Also (for me)  the manager should be at the lowest level possible rather than default to a senior manger

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  • Most of the processes I have been involved with or implemented have very little HR involvement. Discipline is a line activity and should be led by them. Often HR advice can be supplied effectively remotely in all but the hardest cases.

    Also (for me)  the manager should be at the lowest level possible rather than default to a senior manger

Children
  • in reply to Keith
    I completely agree with Keith. We're not the organisation's police or CPS; we should be supporting managers to carry out investigations and hearings and generally facilitating the process.

    I would avoid enshrining in policy that investigations will generally be carried out by someone from the same department. While that may often make sense, there will also be occasions when you need to demonstrate the independence of the investigator and it is preferable to bring in someone from outside the department. There is no obligation to get into this level of detail in your procedural documents so I would keep it simple.
  • in reply to Elizabeth Divver
    PS I am quite careful about ensuring investigators have clear terms of reference and that they are given a thorough briefing on how to carry out an investigation, including copying the investigator with the Acas Code of Practice (although it doesn't have a massive amount to say on investigations, it is the cornerstone on which everything else is built) and the Acas template for planning an investigation. We also ensure they have been briefed on what is and what isn't evidence and the concept of reasonable belief.
  • in reply to Elizabeth Divver
    Hi Elizabeth
    you mention that you "ensure they have been briefed on what is and what isn't evidence and the concept of reasonable belief." I'm being rather cheeky but would you be able to point me to some resources on that? I'd be keen to similarly have something to help managers here.