Investigations, Hearings and Appeals

I’d like our managers to be able to conduct the process, but they feel out of their depth.

While some people management issues can be dealt with informally, the prospect of carrying out a formal grievance or disciplinary procedure can be incredibly daunting if you don’t feel equipped to get it right. At Ellis Whittam, as well as doing the hard work for you, we can also help to develop your team so that you are better placed to manage these issues in future. Our HR experts can deliver practical Discipline & Grievance training, or individual coaching programmes exclusively to your organisation, to provide managers with an essential overview of best practice and employment law and develop their confidence in all aspects of the process.

I’m an Ellis Whittam Employment Law and HR client. What’s the process if I need HR Consultancy support?

If you’re a client and you face a grievance or disciplinary issue, you’ll have advice first from your usual small team of named Employment Law Advisers. In many cases, you will be able to resolve the issue or manage the process quickly and compliantly with their direction. However, if you feel you would benefit from more hands-on support, your adviser will introduce you to our HR Consultancy Team and provide the necessary background to the case. You will be matched with a suitably skilled consultant who can then take over the matter and will make contact with you to arrange the right support. The HR Consultant will continue to update your Legal Advisers throughout the process, including obtaining any appropriate legal advice.

What is the purpose of a disciplinary investigation report?

The purpose of an investigation report is to facilitate some sort of action based on the official findings it presents, whether that be a termination of employment, additional training, or some other form of corrective action. It should present the facts gleaned from the investigation, offer a conclusion as to whether there is a case to answer, and serve as a record of the steps of the investigation, demonstrating that it was thorough, fair and conducted in a timely manner. Importantly, while the investigator has to make some limited evaluations on the evidence to decide whether or not there is a case to answer, they should not suggest a possible sanction or prejudge the outcome in the report. That is a job for the disciplinary chair.

What happens after the investigation?

Once the investigation stage is complete, your HR Consultant will produce a full report, which will give a clear, logical overview of the investigation and contain the witness statements and evidence compiled by your consultant. This information can be passed on to the person managing the hearing stage, which we can also handle on your behalf using a separate consultant for impartiality.