Disciplinary Investigations

[icde]

In the recent case of A v B [2003] (IRLR 405, EAT) a Social Worker was suspended for some two years whilst an investigation into his relationship with a 14 year girl in his care took place.

When the hearing eventually took place, the employer failed to show the Social Worker some of the statements taken (including some in his favour) and some potential witnesses had not been interviewed because so much time had passed they had forgotten. He was summarily dismissed.

The EAT found he had been unfairly dismissed:

· What constitutes reasonable investigation will depend on the gravity of the charges.

· Particularly in serious matters (espicially if criminal liability arises), reasonableness will require a full and even-handed investigation, focusing equally on evidence which may favour the employee. This will be particularly the case where the employee is suspended and is unable to contact potential witnesses himself.

· There is no absolute rule that statements must always be provided. However failure to do so may prejudice the employee.

· Delay may affect reasonableness, especially if potential witnesses are not called as a result.

The more serious the allegation, the more thorough and even-handed the investigation should be. Give full disclosure of the result of investigations. Significant delays should be avoided if at all possible.