Disciplinary Investigations

Employer-favourable 2000

If your employer’s investigation found no real evidence, that alone doesn’t make your dismissal unfair.

In an unfair dismissal claim, proving your innocence isn't the test. The test is whether your employer's investigation and belief in your guilt were ones a reasonable employer could have reached.

case-law Disciplinary Investigations Management Conduct Unfair Dismissal

Employee-favourable 2015

If HR steers your investigating manager towards a guilty finding, that can make your dismissal unfair.

HR can advise your employer on process and on keeping sanctions consistent during a disciplinary investigation. It shouldn't be shaping the findings on your guilt or credibility.

Disciplinary Investigations Investigation Management Conduct Misconduct Procedural Fairness

Employer-favourable 2002

Your employer’s investigation has to be reasonable, not just their decision to dismiss.

An employer's investigation is judged by whether a reasonable employer would call it fair, so gaps in the investigation can matter as much as the decision itself.

Disciplinary Investigations