If the employer or person investigating feels they need more information, they can go back and investigate again.
They should:
- try to do this in reasonable time
- tell the employee about any delays completing the investigation
Making an investigation report
When there's enough information and the investigation is finished, the investigator should have a written report. The employer should share this report with the employee. If there are concerns about sharing sensitive personal information for data protection reasons, the employer might delete or withhold information if there is good reason to do so.
You can find out more information about data protection from the Information Commissioner's Office (ICO).
An investigation report should cover:
- the facts that were established
- the facts that were not established
- whether there were any mitigating circumstances that also need considering
If any information is left out, it could make the investigation unfair.
The report should reflect the investigator's own conclusions. An investigator might get advice from HR, but the conclusions should be their own.
Tips for writing an investigation report
When writing an investigation report an investigator should consider who will read the report once it is completed. This will usually include an employee who raised a grievance or an employee under investigation. To take this into account, the report should:
- be objective
- avoid jargon and explain any acronyms
- stick to the facts
- be concise
- include all evidence collected
For more help writing investigation reports, you can use our template for investigation reports.
If the employer had a person carrying out the investigation for them, that person can give recommendations for next steps, if this was agreed in the investigation plan.
Giving recommendations
If the person investigating is to give recommendations at the end of the investigation, they should recommend one of the following:
- formal action
- informal action
- no further action
Formal action
Formal action could be:
- to start a disciplinary hearing
- changes to an organisation's policy or procedure
- further investigation into other matters that were found
Informal action
Informal action could be:
- training or coaching for parties involved
- counselling for parties involved
- mediation for parties involved
- notification that further similar action might end in disciplinary action
No further action
The outcome of the investigation might be that no further action is needed.
However, the person investigating might still suggest anything that could help the organisation and the people involved, for example:
- counselling
- mediation
- another form of support
Discussing the report
An investigator might need to discuss their report with the person they report to. The focus of discussion should only be to decide whether any further steps are necessary. The investigator should not discuss what the sanctions might be if disciplinary action is decided upon.
Attending the disciplinary hearing
If a disciplinary hearing is the next step, an investigator might need to attend. However, they should only be there to give facts. They should not be there to give their opinion or present the case against the employee.
Carrying on with the disciplinary or grievance procedure
Now they have more information, the employer should check again if the issue can be resolved informally.
After an investigation, the employer might find there's no evidence to carry on with the disciplinary or grievance procedure. In this case, they should end the procedure and tell the employee in question there'll be no further action.
The employer might find there's an issue that cannot be resolved informally. In this case they should follow the next steps in the disciplinary or grievance procedure.
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