The art of information

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Employee investigations in the workplace
October 2017

Do you struggle to find time to investigate employee concerns or allegations of misconduct?  

Are you concerned that you don’t have the internal resource and expertise required to carry out a comprehensive and fair and objective process?  

Jolliffe & Co LLP’s employment team can now assist. Investigating employee misconduct or employee grievances is a key stage in establishing the facts of a situation and also essential for completing a fair formal process and, where appropriate, establishing a fair dismissal.  

Investigating such matters can be time-consuming and objectivity is key to being able to carry out just the right amount of investigation to be able to reach a reasonable conclusion regarding the events of a situation.  

If an employer fails to carry out an investigation in a reasonable and comprehensive manner, this can lead to a finding of unfair dismissal or constructive unfair dismissal in cases where a dismissal would otherwise have been fair.  Using an external investigator can also assist in ensuring that disgruntled employees feel ‘heard’ in circumstances where they have raised a grievance.

Jolliffes’ employment team can assist you by acting as the appointed investigating officer to deal with a grievance or alleged misconduct which means that you can be certain that the investigation is being carried out reasonably, comprehensively and objectively.  

The members of our employment team are legally qualified and therefore know exactly how an investigation needs to be carried out in order to stand the best possible chance of defending an employment tribunal claim. 

If you do have sufficient resource within your organisation to handle employee investigations internally, but lack the expertise and knowledge required, our employment team can also provide in-house training to managers to equip them with the skills needed to enable them to carry out the role of investigating officer. 

If you would like any further information or to discuss your requirements, please contact Elizabeth Judson, Head of Employment on 01244 310022 or email ej@jolliffes.com

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