What is the latest advice when it comes to disciplinary or grievance investigations? Is it best to separate the role of investigator from decision-maker at the disciplinary/grievance hearing? Our procedures are silent on this – are we likely to come unstuck at the EAT or Equality Tribunal etc. if the person who carries out an investigation also convenes a formal meeting that might lead to dismissal etc.?

Posted in : First Tuesday Q&A ROI on 1 July 2014
Zelda Cunningham
Arthur Cox
Issues covered:

There should be a clear distinction between the investigation procedure and the decision making process. The investigation must be confined to make of findings of facts only, whereas the decision maker in a disciplinary process will determine if the employee should be subject to disciplinary sanction.

To avoid a suggestion of bias on the part of the investigator/decision maker, it is preferable that the individual conducting the investigation is separate to the person making the decision on any disciplinary sanction.

However, the Employment Appeals Tribunal has at time permitted an element of flexibility at the investigative stage of a disciplinary procedure. It is accepted that the

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Back to Q&A's This article is correct at 02/09/2015

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Zelda Cunningham
Arthur Cox

The main content of this article was provided by Zelda Cunningham. Contact telephone number is +353 1 618 0000 or email zelda.cunningham@arthurcox.com

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