Acas have published an updated guide on Conducting Workplace Investigations, along with free investigations templates and letters. Acas highlight that in potential disciplinary investigations, a flawed or incomplete investigation can undermine the disciplinary process and leave employers vulnerable to claims for unfair dismissal and that for a dismissal to be fair an employer must be able to show that they came to their decision as a result of a reasonable investigation, given all the circumstances. The guidance also confirms that investigations are just as important when a grievance has been raised.  Where the grievance is not upheld, the evidence collected during the investigation can be used to explain the reasons behind this and show an employee that their grievance was taken seriously.

Content Note

The aim is to provide summary information and comment on the subject areas covered. In particular, where employment tribunal and appellate court cases are reported, the information does not set out full details of all the facts, the legal arguments presented by the parties and the judgments made in every aspect of the case. Click on the links provided to access full details. If no link is provided contact us for further information. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.