ABSTRACT

In today’s uncertain economic climate, an aggrieved employee who is the subject of investigation and subsequent disciplinary action, particularly if he is ultimately dismissed, is now, more than ever, likely to consider taking legal action (most commonly in the form of Employment Tribunal proceedings) against his employer. It is the legal adviser’s job to deal with such proceedings when the complaint lands on the employer’s doorstep, and an important consideration will be whether there are any deficiencies in the investigation which may undermine the fairness of a dismissal or contravene legal protections afforded to the employee under domestic law. Any investigator appointed by an employer to undertake an investigation should therefore have a clear understanding of the laws and procedures which govern employer–employee relations and which, ultimately, will also govern the nature of any investigation into an employee’s conduct.