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Completing an investigation before maternity leave?

Sile O'Donnell

| 0 Posts

4 Oct, 2017 13:30

Hi all, could I ask people for advice on an issue please. It relates to a HR investigation that is underway, and the party against whom allegations are made (which is the subject matter of the investigation) is going on maternity leave soon. My question is - if she goes on maternity leave after the preliminary report issues but before the final investigation report issues, should the investigation be suspended until she returns from maternity leave? She is anxious that the process would continue but I am mindful of protective rights and indeed fair procedures... Thanks in advance! 

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  • Keith

    | 0 Posts

    4 Oct, 2017 14:50

    Its hardly fair or sensible to have a disciplinary case hanging over you for a year.

    As she wants it to go ahead then I see no reason for it not to go ahead - but make sure you leave a sensible window around the expected date where nothing is planned to happen.

    Why do you issue a preliminary report and then several weeks later a final investigatory report? Doesn't that just slow things down?
  • Sile O'Donnell

    | 0 Posts

    4 Oct, 2017 15:07

    In reply to Keith:

    Many thanks for your reply. The issuing of a preliminary report forms part of the terms of reference, in order to provide a right of reply to the findings to the complainant/respondent. I was just concerned because of duty of care issues and the protections afforded to pregnancy related leave. Thanks again

  • Keith

    | 0 Posts

    4 Oct, 2017 15:56

    In reply to Sile O'Donnell:

    But shouldn't the investigatory officer interview all parties and produce their report - this isn't a public inquiry but an internal disciplinary investigation. Seems (to me but sure others will disagree) an unnecessary and legalistic step
  • Annabel

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    4 Oct, 2017 16:52

    In reply to Keith:

    Yes and surely by only providing a "preliminary" report to enable the employee their right to reply, this goes against the principle of natural justice?
  • Robey

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    4 Oct, 2017 17:02

    In reply to Sile O'Donnell:

    I've never heard of anyone doing a preliminary report either. Might be worth your employer reviewing this practice with a good HR consultant once the dust settles on this one.

    However, right now the bed is made and you have to lie in it, so follow your policy and proceed as normal but with accommodations to reflect your employee's situation. Coming in to attend a hearing could be one of her KIT days, or you can set things up to allow her to attend remotely.
  • Sile O'Donnell

    | 0 Posts

    4 Oct, 2017 17:43

    In reply to Annabel:

    Thanks - there will be a right of reply of course to the final report - and a right of appeal
  • Sile O'Donnell

    | 0 Posts

    4 Oct, 2017 17:43

    In reply to Robey:

    thanks - A lot of organisations that I have worked with use this as part of their methodology.
  • Sile O'Donnell

    | 0 Posts

    4 Oct, 2017 17:45

    In reply to Keith:

    I cant go into the detail here - it would be obvious why this approach is taken if I could. I'm just wondering if my query has been posted beyond the Ireland group, judging by the replies? This seems to happen all the time when I post to the CIPD Ireland community? Thanks for the feedback by the way
  • Judy Williams

    | 0 Posts

    4 Oct, 2017 17:49

    In reply to Sile O'Donnell:

    Perhaps you aren't based in the UK? In 28 years, across several sectors, I've never come across this methodology.
  • Keith

    | 0 Posts

    4 Oct, 2017 18:10

    In reply to Sile O'Donnell:

    Pretty much all posts are discoverable by members. many just have a feed of the most recent posts regardless of which thread they started in
  • David

    | 0 Posts

    5 Oct, 2017 10:47

    In reply to Keith:

    I'm wondering about the terminology here: did a little google search that confirmed that no published procedures incorporated a two-sub- stage preliminary / final investigation / pre-formal-disciplinary Hearing stage. However, one did refer to 'preliminary investigation' but obviously just meaning a (complete) investigation in order to recommend, based on the findings, whether or not the matter should go on to a full formal disciplinary hearing.

    Perhaps Sile could clarify this, and, if her workplace procedure really does involve a two-part pre-any-hearing investigative stage, refer us to any published workplace disciplinary procedures that really do incorporate such an unnecessary and unhelpful two-part investigation process.
  • Johanna

    | 0 Posts

    CIPD Staff

    17 Oct, 2017 11:05

    In reply to Sile O'Donnell:

    Hi Sile you have indeed posted in the Ireland group within the international community but others can also see it if they enjoy exploring all new discussions. You've got lots of input here :)
  • Steve Bridger

    | 0 Posts

    Community Manager

    17 Oct, 2017 11:22

    In reply to Sile O'Donnell:

    Yes, Sile... as Johanna a Keith say, the Ireland group is not a 'walled garden', but on employment law matters people are usually careful to caveat their responses if they are outside the ROI themselves.