Welcome and introduction
The broad legal framework
- When is an investigation necessary?
- The legal requirements for a fair investigation
- Who conducts the investigation?
- When is suspension of an employee appropriate and what are the legal risks?
- Is there a right to be accompanied to an investigation meeting
Case Study Session
Delegates work through a detailed hypothetical scenario involving an employee who is accused of falsely claiming sick pay by pretending to be ill. The allegation revolves around evidence from fellow employees that she was seen in a restaurant having lunch with a friend on the day in question and also posted several times on facebook and Twitter that she was having a good ‘lazy’ day.
The initial task is to scope out the investigation that needs to take place. Who should be interviewed? what evidence needs to be gathered and how should employees reluctant to cooperate with the investigation – or who insist on anonymity – be approached and dealt with?
Delegates will discuss the issues raised in groups and then feedback their thoughts into a general discussion.
Issues of privacy and human rights
- Drug and alcohol testing
- Conducting a search
- Accessing Email, internet and social media activity
- Conducting investigations when the employee is too ill to participate
Case Study Session
Delegates will be presented with an investigation report prepared in relation to a case of alleged misconduct. The issue to be decided is whether the investigation appears to have been fair and thorough. Delegates will be asked to identify any flaws in the evidence gathered or the approach taken in the investigation and assess whether there is sufficient evidence to take forward into a disciplinary hearing.
Group discussions will be followed by a general feedback session.
The investigation report
- How should a report be structure?
- Drafting witness statements
- Setting out the evidence
- What conclusions should be included in the report?
- Who is entitled to see the report
- Key pitfalls to watch out for
- The golden rules of investigations
- Final questions and review of key issues from the day