Step Four: Holding Investigation Meetings
Investigation meetings form the backbone of the process. These are the opportunities to hear directly from those involved and to clarify the details of what has (or hasn’t) happened.
Before an investigation meeting with someone, you should:
- let them know in writing – for example an invite to investigation meeting letter.
- book a private room, where you are unlikely to be interrupted
- explain the reason for the meeting
- confirm the date, time and location
- tell them if they have the right to be accompanied and how to arrange this
- give them reasonable notice, usually five working days as a minimum, depending on the complexity.
The first meeting is usually with the complainant. Here the investigator should listen carefully whilst encouraging the induvial to explain their concerns fully and ask clarifying questions.
The next critical meeting is with the employee under investigation. They must be informed in writing of the allegation beforehand and given sufficient notice and reminded of their right to be accompanied. This meeting should be handled sensitively.
Witnesses’ meetings should then follow.
‘The right to be accompanied’ means that, by law, an employee or worker can bring a ‘companion’ (relevant person) to the following meetings:
- in a grievance procedure – any meetings
- in a disciplinary procedure – a meeting or hearing that will give or confirm a formal warning or other disciplinary action
However, in a disciplinary investigation meeting, there is no legal right to be accompanied but it’s good practice for employers to allow it.
When the employee or worker has the right to be accompanied, they must choose their companion from one of the following:
- someone they work with
- a workplace trade union representative who’s certified or trained in acting as a companion
- an official employed by a trade union.
If an employee has a medical condition or a disability, please ensure you have made suitable arrangements for the meeting.
At the start of the meeting an investigator should explain:
- who is present and why (This would usually consist of the chair, note taker/ HR, employee/witness and their companion if requested.
- the role of the investigator
- the purpose of the meeting
- the need for confidentiality during the investigation
- a witness statement might be used in an investigation report
- who will see witness statements
As previously mentioned, Nockolds HR can hold the investigation meeting where the investigation may be complex or there is sensitivity of the issue. Nockolds HR can attend the investigation meetings at your premises or online to take notes and offer guidance and scripts throughout the process. For further information please contact our team on 0345 646 0406 or fill in our online enquiry form.
In step five, find out what to do if there are witnesses.