Tuesday, October 28, 2014

"The most common reason for unfair dismissal"

I found this advert for an Acas training course interesting. Over the years I have come across some
appalling investigations. Often the main reason is that the investigator simply hasn't a clue what they are doing.

"One of the most common reasons for a dismissal to be found unfair is that an employer has failed to carry out a reasonable investigation. But what exactly is a reasonable investigation?

The Acas Code of conduct on disciplinary and grievance procedures, used by Employment Tribunal Judges, to assess the fairness of a dismissal, says: "Employers should carry out any necessary investigations, to establish the facts of the case".

"The nature and extent of the investigations will depend on the seriousness of the matter and the more serious it is then the more thorough the investigation should be. It is important to keep an open mind and look for evidence which supports the employee’s case as well as evidence against."

So do you need to interview the employee concerned? Do you need to interview all witnesses? Can the same person that carries out the interviews carry out any subsequent disciplinary hearing?

Acas Investigations training courses will answer these questions and more, covering:

The legal background and burdens of proof
Purpose and stages of disciplinary procedures
The responsibilities of the employer
The rights of the employee
The stages of an investigation
Listening and questioning techniques
The role of suspension
Case for dismissal
Writing the report and presenting findings


John Gray said...

Sorry anon, but being nasty and aggressive is not going to persuade me that you have been unfairly treated.

You are a member of another trade union so I can only suggest that you seek their advice.

Anonymous said...

you dont need unions any more if I had a problem at work I would leave or get a lawyer under my legal services insurances.

all unions do is protect those who should be sacked anyway

John Gray said...

Sorry anon but if you need representation at work most employers will refuse to allow lawyers into the workplace. Which they can do legally.

If you can just leave then good luck, however if you leave in the midst of an investigation then an employer can put this in any reference.

Unions should make sure that members are given skilled representation and that employers should follow their own rules and best practices.

However, you would be wrong to rely on employment law to protect you at work. The law is in favour of the employer and your best defence from unfair treatment at work is your union and your work colleagues.