Workplace Investigation Case Study – Investigation into Employee Misconduct
The TCM Group were requested to conduct a complex investigation into allegations related to an employee refusing to acknowledge line management and reporting line, refusal to follow reasonable instructions from the employer and refusal to follow health and safety protocols.
The initial meeting between TCM and the HR Director set out the details of the allegations and Terms of Reference were agreed. The TCM Investigator conducted eight investigation interviews to obtain the necessary evidence and testimony related to the allegations.
Each set of witness notes were made available to the witnesses, amendments agreed between the interviewer and interviewee, and signed.
The Investigator referred to Company Policies and procedure, Working Time Regulations, ACAS Code of Practice for Grievance and Disciplinary Procedure and principles of the definition of Harassment, to ensure a fair, thorough and impartial investigation process was followed.
Once all interviews, and evidence, had been collated, the Investigator reviewed and summarised their findings, referring to the civil burden of proof, ‘Balance of Probabilities’, to identify whether a case to answer or not for each separate allegation.
This was summarised into a report, whereby each allegation was documented, evidence referred to, evidence provided and reference, and investigation findings presented.
In addition, the Investigator provided other factors to be considered by the employer, and all evidence detailed and attached as appendices to the report.
The first draft report was then submitted to the client and discussed with regards to relevance of interpretation of company policies and procedures, and once agreed, issued as a final report.
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