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Topic: Disciplinary, capability and dismissal

request to attend investigatory meeting
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Request to attend investigatory meeting

Request to attend investigatory meeting

Once allegations have been made against an employee relating to misconduct in the workplace, the first step is to conduct a proper investigation. Particularly where the allegations are reliant on the witness evidence of third parties, as part of the investigation you should call the employee in for an investigatory interview so as to establish at the outset their version of events. You will also need to formally interview the witnesses.

A thorough investigation

As part of a good disciplinary investigation, you should, if appropriate, call the employee in for an investigatory interview so as to establish their version of events. This is particularly so where the case against the employee is heavily dependent on witness evidence given by third parties such as fellow employees, as opposed to documentary evidence which is more difficult to dispute. An investigatory interview enables you to establish the employee’s side of the story at a very early stage, so that you can then take a balanced decision on whether or not to proceed to a formal disciplinary hearing.

No right to be accompanied

An investigatory interview isn’t a disciplinary hearing; it’s simply a fact-finding exercise. This means the employee does not have a statutory right to be accompanied to the interview by a trade union official, trade union representative or fellow employee. If the employee refuses to attend, it means you will have to take a decision on the institution of disciplinary proceedings based on the evidence you have available.

Witness interviews

You will also need to interview any witnesses as part of your investigation and this will include not just those with evidence which supports the allegations but also those with evidence which may support the employee’s case. Our Request to Attend Investigatory Meeting Letter can be used to arrange investigatory meetings with witnesses, as well as with the accused employee.  You’ll need to make clear to witnesses that any evidence they give is likely to be disclosed to the employee if the case does proceed to a disciplinary hearing.

 

 

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