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Workplace Disciplinary Investigation Report
Specialist Independent Workplace Investigations
We provide expert Employment Law support, including services focused on conducting independent workplace investigations into formal disciplinary matters and dismissals. We offer a wide range of legal services for businesses of all sizes, including those with medium to large operations.
Investigation and Disciplinary
A proper investigation is a fundamental fact-finding exercise designed to gather all the relevant information regarding allegations of misconduct or gross misconduct. This rigorous process enables the employer (the decision-maker) to reach an informed outcome decision.
Ensuring Independence and Impartiality
For complex or sensitive cases, an independent external investigator is often necessary to ensure objectivity and impartiality. Our employment solicitors are routinely instructed to perform this role. An external investigator, detached from the matter, brings an independent view, which helps guard against conflicts of interest or perceptions of bias. A reasonable investigation helps employers demonstrate that they adopted a fair process before dismissing an employee.
The Duty to Act With Reasonable Belief
The Burchell test is a primary legal standard for determining whether an employer's decision to dismiss an employee for misconduct falls within the range of reasonable responses to misconduct. To ensure a conduct dismissal is fair, the employer must satisfy three elements established by this test: that the employer genuinely believed the employee to be guilty of misconduct; that the employer had reasonable grounds for holding that belief; and that the belief was based on as much investigation as was reasonable in the circumstances at the time the belief was formed. If an employee has over two years of service and is dismissed for misconduct without an investigation, the dismissal will nearly always be unfair. Although the correctness of the Burchell test has been questioned by the Supreme Court, the basic principles—reasonable belief and reasonable investigation—remain vital for demonstrating that an employer adopted a fair process before dismissing an employee, which helps reduce the risk of legal claims.
The Burchell Test: Foundation of Fair Conduct Dismissal
To ensure a fair dismissal is conducted, the employer must satisfy the long-established legal principles of the Burchell test. If an employee has over two years of service and is dismissed for misconduct without an investigation, the dismissal will nearly always be unfair.
Avoid being accused of a flawed disciplinary investigation
Using the factors outlined in the Burchell test, the inquiry must establish facts related to the employer's belief in the employee's guilt. The Burchell test requires the employer to prove three elements:
That at the time of dismissal, the employer genuinely believed the employee to be guilty of misconduct.
That the employer had reasonable grounds for holding that belief.
That, at the time the employer formed that belief, they had carried out as much investigation as was reasonable in the circumstances.
The tribunal judges the overall fairness of the decision—including the investigation that informed it—by applying the objective standard of the "range of reasonable responses" that a reasonable employer might have adopted in similar circumstances. The tribunal is strictly required not to substitute its own view for that of the employer.
Delivering an Actionable Investigation Report
Upon establishing the facts as far as reasonably possible, the investigator produces a comprehensive Investigation Report. The investigator must remain objective and should explicitly not prejudge the outcome. The report should include all evidence collected and detail which facts were established and which were not. The investigator's recommendations must be restricted to suggesting formal action, informal action, or no further action. The employer uses this report to make the final decision regarding the outcome. Following a full and fair procedure in line with the Acas Code of Practice is vital, as an unreasonable failure to comply can lead to an employment tribunal increasing compensation by up to 25%.
How can I help?
I provide comprehensive support to formally address workplace issues, including drafting well-written grievance letters related to employment discrimination under the Equality Act 2010. For employers or parties requiring impartial fact-finding, I conduct independent workplace investigations into various formal grievances, including those related to disability discrimination, redundancy, and dismissal. The goal of this service is to produce an objective and concise Investigation Report, enabling the employer to make an informed decision and follow a full and fair procedure in line with the Acas Code of Practice.
Specialist Independent Workplace Investigations
We provide expert Employment Law support, including services focused on conducting independent workplace investigations into formal disciplinary matters and dismissals. We offer a wide range of legal services for businesses of all sizes, including those with medium to large operations.
Investigation and Disciplinary
A proper investigation is a fundamental fact-finding exercise designed to gather all the relevant information regarding allegations of misconduct or gross misconduct. This rigorous process enables the employer (the decision-maker) to reach an informed outcome decision.
Ensuring Independence and Impartiality
For complex or sensitive cases, an independent external investigator is often necessary to ensure objectivity and impartiality. Our employment solicitors are routinely instructed to perform this role. An external investigator, detached from the matter, brings an independent view, which helps guard against conflicts of interest or perceptions of bias. A reasonable investigation helps employers demonstrate that they adopted a fair process before dismissing an employee.
The Duty to Act With Reasonable Belief
The Burchell test is a primary legal standard for determining whether an employer's decision to dismiss an employee for misconduct falls within the range of reasonable responses to misconduct. To ensure a conduct dismissal is fair, the employer must satisfy three elements established by this test: that the employer genuinely believed the employee to be guilty of misconduct; that the employer had reasonable grounds for holding that belief; and that the belief was based on as much investigation as was reasonable in the circumstances at the time the belief was formed. If an employee has over two years of service and is dismissed for misconduct without an investigation, the dismissal will nearly always be unfair. Although the correctness of the Burchell test has been questioned by the Supreme Court, the basic principles—reasonable belief and reasonable investigation—remain vital for demonstrating that an employer adopted a fair process before dismissing an employee, which helps reduce the risk of legal claims.
The Burchell Test: Foundation of Fair Conduct Dismissal
To ensure a fair dismissal is conducted, the employer must satisfy the long-established legal principles of the Burchell test. If an employee has over two years of service and is dismissed for misconduct without an investigation, the dismissal will nearly always be unfair.
Avoid being accused of a flawed disciplinary investigation
Using the factors outlined in the Burchell test, the inquiry must establish facts related to the employer's belief in the employee's guilt. The Burchell test requires the employer to prove three elements:
That at the time of dismissal, the employer genuinely believed the employee to be guilty of misconduct.
That the employer had reasonable grounds for holding that belief.
That, at the time the employer formed that belief, they had carried out as much investigation as was reasonable in the circumstances.
The tribunal judges the overall fairness of the decision—including the investigation that informed it—by applying the objective standard of the "range of reasonable responses" that a reasonable employer might have adopted in similar circumstances. The tribunal is strictly required not to substitute its own view for that of the employer.
Delivering an Actionable Investigation Report
Upon establishing the facts as far as reasonably possible, the investigator produces a comprehensive Investigation Report. The investigator must remain objective and should explicitly not prejudge the outcome. The report should include all evidence collected and detail which facts were established and which were not. The investigator's recommendations must be restricted to suggesting formal action, informal action, or no further action. The employer uses this report to make the final decision regarding the outcome. Following a full and fair procedure in line with the Acas Code of Practice is vital, as an unreasonable failure to comply can lead to an employment tribunal increasing compensation by up to 25%.
How can I help?
I provide comprehensive support to formally address workplace issues, including drafting well-written grievance letters related to employment discrimination under the Equality Act 2010. For employers or parties requiring impartial fact-finding, I conduct independent workplace investigations into various formal grievances, including those related to disability discrimination, redundancy, and dismissal. The goal of this service is to produce an objective and concise Investigation Report, enabling the employer to make an informed decision and follow a full and fair procedure in line with the Acas Code of Practice.