Demotivated or poor-performing team members can affect your business and lead to an Investigation, Disciplinary & Grievance. It’s not just their work that suffers, often so does the work of those around them.
So if you are facing an Investigation, Disciplinary & Grievance or need to take action how do you deal with them properly and ensure that you are following a fair procedure? Consensus HR can help you tackle these issues effectively.
When managing people and dealing with this area of business you must ensure that you follow the ACAS Code of Conduct, which sets out the stages you must follow when a member of team has carried out an act of misconduct.
Employment tribunals use this to decide whether you have acted fairly. You could have a good reason to dismiss but if you don’t follow a fair disciplinary procedure, you could still lose at an employment tribunal. Any award made against you may also be increased by up to 25%.
These procedures set out the correct methods to be used and the penalty or outcome that can be reached. These include First Written, Final Written or dismissal plus the period that the chosen outcome will last.
Consensus HR ensures that best practice is used throughout the process. This ensures that your business is legally compliant. It also means that action is taken to the benefit of the employee and business. It is seen as corrective action rather than punishment. This reduces the possibility of claims of unfair dismissal at an Employment Tribunal.
Supporting you through every stage
Conducting internal investigations into alleged employee misconduct requires skill and tact. Those carrying it out must balance thoroughness with fair treatment towards those under investigation.
This isn’t easy and is why a Consensus HR & Business we work with clients to ensure it meets best practice and legal requirements.
What action should a company take before carrying out an Investigations hearing?
Before holding an investigatory hearing, it is crucial that employers have sound evidence on which to base their decisions. Failing to conduct full investigations, in all but the most exceptional of circumstances, may render a dismissal unfair and result in costly consequences in terms of tribunal awards, staff morale and stakeholder confidence.Investigations
Investigations are a key part to any business when having to deal with alleged misconduct in the workplace.
When conducting an investigation, the Acas Code of Practice & Statutory Disciplinary and Grievance Procedures must be taken in account. Investigations should be carried out “without unreasonable delay” and the employee dealt in a “fair and reasonable manner” to establish the facts.