Fair Procedures At Investigation Stage – Current Position?

The May 2017 High Court decision in Lyons v Longford Westmeath Education and Training Board indicated that where a complaint is made which could lead to an employee's dismissal, the employee is entitled to fair procedures at the initial investigation stage. However, more recent case law suggests that the Lyons decision was influenced by specific circumstances. We examine the current position regarding fair procedures during investigations.

The generally accepted principle is that employees are not entitled to fair procedures in full at the initial investigation stage, provided the initial investigation:

• is a fact-gathering exercise only; and
• does not result in allegations being upheld or dismissed.