When carrying out an investigation, how should HR proceed if An Garda Síochána are involved?

The involvement of An Garda Siochana before or at the time of an employer’s disciplinary investigation can cause particular difficulties for employers for a number of reasons. Firstly, if the employee is charged with a criminal offence, he or she may refuse to answer questions during the disciplinary investigation for fear of self-incrimination or the employee may be advised by their legal representation not to participate in the process at all.  As a result, the involvement of the Gardaí may unavoidably result in the postponement or suspension of any disciplinary process.  Secondly, if the employer is acquitted of a criminal offence because of a technicality or if the case does