October has brought a plentiful harvest of interesting
employment law cases. Gowling WLG's employment, labour &
equalities experts bring you the latest top five employment law
developments that may affect your business
1.Disciplinary investigations - the role of the investigating
officer
In misconduct cases, for any subsequent dismissal to be fair, an
employer should first carry out an adequate investigation into the
employee's conduct to determine whether there are grounds for
disciplinary action to be taken.
Once a decision has been taken that an investigation is
necessary, the employer should consider who should conduct the
investigation and who should conduct the disciplinary hearing. The statutory ACAS Code of Practice states
"where practicable, different people should carry out the
investigation and disciplinary hearing". For small
organisations this may not always be practicable.
