A full and thorough investigation is the first, and maybe most important, part of a fair disciplinary process. Carrying out a proper investigation and gathering all the evidence necessary will allow the later parts of the process to proceed smoothly.
Investigators are required to carry out a fair, reasonable and objective investigation; they are not there to decide if the act was carried out or not. They need to gather as much information as they can about the facts, whether these support or undermine the allegation.
Investigatory meetings are usually held with people who are involved in the disciplinary issue or who have witnessed the event or act. Before a meeting is held, the person should be informed in advance and in writing that the meeting will take place. The notice needs to contain information such as the date, time and place of the meeting; the reason for the meeting and whether they have the right to be accompanied.
At the beginning of the investigation meeting, your client should explain who is present, explain their role as a fact finder and explain that the purpose of the meeting is to gather evidence. Throughout the meeting, they should be asking questions, taking minutes and probing the answers the person gives. There is a fine line between receiving as much information as possible and the meeting becoming confrontational so it is important your client is asking open questions to encourage open communication to avoid the interviewee becoming hostile.
After the meeting, your client should ask the interviewee to sign and date the minutes or to do the same to a typed up copy of the notes. This is evidence that the person under investigation agrees to the note and is confirming that they are an accurate reflection of what was said during the meeting. These notes or statement will be an important piece of evidence to use at a later date as part of the disciplinary process.
