Definition
A formal meeting conducted as part of a workplace investigation to gather facts and evidence about an alleged incident or complaint. Investigation meetings are a preliminary step before any disciplinary hearing and are not themselves disciplinary proceedings.
UK Context
ACAS Code of Practice on Disciplinary and Grievance Procedures requires employers to carry out a reasonable investigation before taking disciplinary action. Failure to investigate properly can render a subsequent dismissal unfair. Employment tribunals assess whether the investigation was within the range of reasonable responses. There is no statutory right to be accompanied at an investigation meeting, though many employers allow it.
Best Practices
- Appoint an investigating officer who is independent of the alleged incident and will not make the disciplinary decision
- Inform the employee of the allegations in advance and allow them time to prepare
- Take detailed contemporaneous notes and offer the employee the chance to review them
- Complete the investigation promptly — delays can prejudice the fairness of the process
Frequently Asked Questions
Does an employee have the right to be accompanied at an investigation meeting?
There is no statutory right to be accompanied at an investigation meeting — the right under Section 10 of the Employment Relations Act 1999 applies only to formal disciplinary and grievance hearings. However, many employers allow accompaniment as good practice.
What is the difference between an investigation meeting and a disciplinary hearing?
An investigation meeting gathers facts and evidence to determine whether there is a case to answer. A disciplinary hearing considers the evidence and decides on an outcome. They should be conducted by different people to ensure fairness.
Can an employee refuse to attend an investigation meeting?
While an employee can decline to attend, the employer can proceed with the investigation based on the available evidence. Unreasonable refusal to cooperate can itself be treated as a conduct issue. Employers should explore the reason for refusal and offer support.