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Workplace Investigations Hearings & Appeals

From time-to-time you may find that an investigation is required within your social sector organisation. This may be due to a concern that an employee has failed to comply with your rules or to meet expectations, when an employee is unhappy with an aspect of their working life, a whistleblowing concern or allegations of bullying and harassment.

Whatever the reason, managers and leaders may be concerned about getting the process right, the time that it may take to undertake a thorough investigation and managing organisational risk.

If your managers are not trained and / or experienced in conducting workplace investigations, the outcome may be a low quality, or sometimes incomplete investigation which may make your social sector organisation vulnerable to claims through the employment tribunal system.

Once an investigation is complete, you may have a formal process to complete, such as disciplinary or grievance, including hearings and appeals which will require independent, experienced decision makers to make a balanced and fair decision.

A workplace investigation is a thorough and impartial examination of an alleged misconduct or dispute within the organisation. This process involves gathering evidence, interviewing relevant parties, and analysing information to determine the facts of the case. It aims to maintain a fair and safe working environment. As a minimum the investigatory process should meet statutory requirements and comply with the non-statutory Acas Code of Practice for Disciplinaries and Grievances (failure to follow this can result in an uplift of 10-25% on any compensatory award subsequently made in tribunal in respect of the matter).

A decision will then subsequently be made about whether allegations or concerns are upheld or not. That decision is typically made within a formal meeting, such as a disciplinary or grievance hearing, and will be taken by the person acting as Chair of that formal hearing.

Following the decision from the formal hearing an employee may be able to submit an appeal requesting a review of the original decision. It allows parties dissatisfied with an outcome to present their case and serves as a safeguard, ensuring that decisions are just and in compliance with your organisational policies and the Acas Code.

Engaging an HR consultant for workplace investigations, formal hearings, or appeals provides several benefits:

  • Expertise: HR consultants bring specialised knowledge of employment laws and best practices.
  • Impartiality: An external consultant ensures objectivity and fairness throughout the process.
  • Legal Compliance: Consultants help navigate complex employment laws, reducing legal risks.
  • Efficiency: Streamlined processes and effective resolution save time and resources.
  • Communication: Skilled communication ensures all parties understand the process, expectations and outcomes.

The ways in which Roots HR add value in such circumstances are:

  • Policy development and implementation
  • Advice and support to interpret policies and to determine a fair and reasonable course of action
  • Facilitation of informal meetings, or mediation
  • Impartial, thorough investigations
  • Template documentation and advice on process
  • Preparation for conducting a formal hearing
  • Attendance and advice at the formal hearing, or chairing such a process with delegated authority from your organisation
  • Advice on determining the outcome of the formal hearing and documenting this to the employee
  • Managing the appeal process, including preparation for, and attendance, and advice at the hearing.

All work will be scoped with you and a proposal is provided for your review and approval.

No – you won’t be signed up to any monthly fees or subscriptions. We’ll work with you to scope of the work, provide you with a quote for the one-off project – no hidden fees or contracts!

Why choose Roots HR?

Our Consultants have significant experience working with clients within the social sector to help resolve complex employee relations cases.

We will work with you to scope the level of support you require throughout the whole process and can provide you with expert service, allowing you and your managers to focus on service delivery.

Do you offer any discounts?

A 5% discount is available on Roots HR’s hourly rate services for members of NCVO or Social Enterprise UK, Social Enterprise Mark Holders and Students/Fellows of the School for Social Entrepreneurs.

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Is there anything you can give me for free?

We have a number of free resources available:

  • Free hour of HR advice
  • Free HR Toolkits
  • Free HR Factsheets
  • HR blog Webinars
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