All employers from time to time need to conduct investigations. This is most commonly in relation to a grievance or disciplinary matter. However, there are other instances when investigations will be necessary, for example when protected disclosures are made or when dealing with absences.
Key features of any fair investigation are that it:
Failure to meet these standards can have serious consequences. Any dismissal may be found to be unfair and dealing inadequately with a grievance can amount to a breach of contract. Conversely, dealing with investigations comprehensively may avoid claims being made altogether and even if this is not the case make any claims easier to defend successfully.
We can assist with anything from a straightforward misconduct matter to complex financial services issues. We pride ourselves that our advice, whatever the situation, is clear, concise and relevant.
Private investigators have come under scrutiny in recent years due to the increasing regulation by the Private Security Authority and recent prosecutions of private investigators by the Data Protection Commissioner (DPC). In this article, Sinead Morgan, senior associate with DWF Solicitors, reviews some recent cases that involved issues of admissibility of investigator and CCTV evidence, to highlight key considerations for employers before they instruct investigators.