ACAS publishes new guidance on workplace investigations

ACAS has published useful new guidance for employers on how to conduct workplace investigations involving disciplinary issues.

The guidance stresses the need for investigations to be carried out correctly in accordance with the law. Failure to do so could result in an employer having to pay compensation if sanctions taken against an employee are later deemed by a tribunal to be unfair.

These are the key areas covered by the ACAS guidance:

• Organisational preparation. Decide if an investigation is necessary, establish terms of reference and choose an appropriate investigator.
• The investigator’s preparation. Draft an investigation plan and contact the parties involved.
• Handling the investigation. Plan what questions need to be asked and interview the relevant parties.
• Gathering evidence. Arrange witness statements and collect relevant written records and documents.
• Writing an investigation report. Plan the structure of the report, state what happened and make recommendations where requested.
• After the investigation. Submit the report and conclude the investigator role.

The full guidance is available here http://www.acas.org.uk/media/pdf/o/5/Conducting-workplace-investigations.pdf

Please contact Jackie Cuneen if you would like more information about the issues raised in this article or any aspect of employment law.