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Disability Discrimination Grievance Investigation Report
Disability Discrimination Grievance Investigation and Report
Independent Workplace Grievance Investigator
An investigation is fundamentally a fact-finding exercise intended to collect all the relevant information regarding the issues raised in a grievance. By conducting a thorough investigation, an employer can make an informed decision after fully considering all relevant facts. Failing to complete a reasonable investigation before making a grievance decision could potentially make that decision unfair and expose the employer to legal action.
Ensuring Impartiality and Expertise
Appointing an external investigator (such as an external consultant) may be appropriate in situations requiring impartiality. An external investigator can be detached from the matter and bring an independent view, which is crucial to guard against conflicts of interest or perceptions of bias. For complex or severe cases, such as complaints of discrimination or bullying, it is preferable to appoint someone more senior and experienced. External investigators may also be necessary for capacity reasons or to access specific expertise or technological resources.
Focus on Disability Discrimination
The investigation process must address issues of discrimination, particularly under the Equality Act 2010 (EqA 2010), which protects characteristics including disability. When handling a grievance concerning discrimination, employers should follow best practice guidelines, such as the Acas guidance pages on handling discrimination. For a disabled employee, the employer (or the independent investigator acting on their behalf) should verify whether reasonable adjustments are necessary to the grievance policy or procedures. Specific areas of disability discrimination that often require expertise include complaints related to neurodiversity.
The Investigation Process and Report
The investigation must be conducted promptly to avoid unnecessary delay, which could cause memories to fade or give the perception of an unfair process. The investigator must be fair and objective in establishing the essential facts, actively seeking both evidence that supports and contradicts the allegations. The process requires an Investigation Plan to outline the scope, identify witnesses, detail other sources of evidence (such as emails or records), and establish timeframes.
Once the investigator has established the facts as far as reasonably possible, they must produce an Investigation Report that explains their findings. This report should be objective and concise, include all evidence collected, and cover facts that were established or not established. Where facts are contested or contradictory, the investigator determines what took place on the basis of the balance of probabilities. The investigator's role generally restricts them from prejudging the outcome; recommendations should be limited to suggesting formal action, informal action, or no further action. The complete report should be shared with the employee who raised the grievance.
Employer Decision and Compliance
The independent investigation report provides the factual basis necessary for the employer to make an informed decision about the outcome. The employer is required to inform the employee in writing, without unreasonable delay, of the action decided upon to resolve the grievance and must also communicate the right of appeal. The entire procedure must follow a full and fair procedure in line with the Acas Code of Practice on Disciplinary and Grievance Procedures, as this procedure will be considered if the case reaches an employment tribunal.
Disability Discrimination Grievance Investigation and Report
Independent Workplace Grievance Investigator
An investigation is fundamentally a fact-finding exercise intended to collect all the relevant information regarding the issues raised in a grievance. By conducting a thorough investigation, an employer can make an informed decision after fully considering all relevant facts. Failing to complete a reasonable investigation before making a grievance decision could potentially make that decision unfair and expose the employer to legal action.
Ensuring Impartiality and Expertise
Appointing an external investigator (such as an external consultant) may be appropriate in situations requiring impartiality. An external investigator can be detached from the matter and bring an independent view, which is crucial to guard against conflicts of interest or perceptions of bias. For complex or severe cases, such as complaints of discrimination or bullying, it is preferable to appoint someone more senior and experienced. External investigators may also be necessary for capacity reasons or to access specific expertise or technological resources.
Focus on Disability Discrimination
The investigation process must address issues of discrimination, particularly under the Equality Act 2010 (EqA 2010), which protects characteristics including disability. When handling a grievance concerning discrimination, employers should follow best practice guidelines, such as the Acas guidance pages on handling discrimination. For a disabled employee, the employer (or the independent investigator acting on their behalf) should verify whether reasonable adjustments are necessary to the grievance policy or procedures. Specific areas of disability discrimination that often require expertise include complaints related to neurodiversity.
The Investigation Process and Report
The investigation must be conducted promptly to avoid unnecessary delay, which could cause memories to fade or give the perception of an unfair process. The investigator must be fair and objective in establishing the essential facts, actively seeking both evidence that supports and contradicts the allegations. The process requires an Investigation Plan to outline the scope, identify witnesses, detail other sources of evidence (such as emails or records), and establish timeframes.
Once the investigator has established the facts as far as reasonably possible, they must produce an Investigation Report that explains their findings. This report should be objective and concise, include all evidence collected, and cover facts that were established or not established. Where facts are contested or contradictory, the investigator determines what took place on the basis of the balance of probabilities. The investigator's role generally restricts them from prejudging the outcome; recommendations should be limited to suggesting formal action, informal action, or no further action. The complete report should be shared with the employee who raised the grievance.
Employer Decision and Compliance
The independent investigation report provides the factual basis necessary for the employer to make an informed decision about the outcome. The employer is required to inform the employee in writing, without unreasonable delay, of the action decided upon to resolve the grievance and must also communicate the right of appeal. The entire procedure must follow a full and fair procedure in line with the Acas Code of Practice on Disciplinary and Grievance Procedures, as this procedure will be considered if the case reaches an employment tribunal.