Investigation, Disciplinary and Dismissal Meetings

These meetings are crucial to get right, and can make the difference between an Employment Tribunal claim succeeding, or failing.

Heated exchanges can take place, which can create harmful tension in the workplace for everyone. If you have not gone through the correct procedure before dismissing, then there is a risk the dismissal could be unfair. If the employee resigns in response to a failure to comply with the correct procedures, this can lead to a claim for constructive unfair dismissal. A failure to comply with the correct procedure can also lead to allegations of discrimination.

All of this can lead to an expensive claim in the Employment Tribunal, and serious reputational damage. Employment Tribunal decisions are now published online. These decisions can be read by your current and prospective employees, and by your customers and business contacts.

We can advise you on whether your policies and procedures are appropriate, and compliant with the ACAS Code of Practice. If not, we can recommend changes, or help you put in place new documentation.

If you decide to take action against your employee, we can advise you on how to conduct a reasonable investigation, and whether any further enquiries should be made. We can also advise on how to conduct a fair disciplinary or dismissal meeting, and deal with any appeal should it arrive.

Our team can provide peace of mind and their aim is to calm the situation and focus the parties’ minds upon the core issues.