If you have been invited to a disciplinary investigation meeting then please read this article. Being invited to an investigation meeting can be daunting, but understanding your rights and how to handle the process can help. If you have been suspended from work, then see our article there for further guidance.
Disciplinary Investigation Meeting – Overview
If you are accused / suspected of misconduct at work; the initial step in a disciplinary process is the investigation meeting. Some companies refer to them in different ways, such as a “fact-finding meeting,” but investigation meeting is the most common description. Your employer may have a handbook or disciplinary policy that will set out how the process to be followed (although not all employers actually follow their own policies).
The severity of the allegations may alter how the process is handled. For example, your employer may decide to deal with the issues informally or formally. Being invited to a disciplinary investigation meeting does not always result in dismissal or even disciplinary action. It is therefore best not to panic.
In short, the purpose of the investigation meeting is for the employer to gather facts so it can decide if there are grounds for there to be a disciplinary hearing. Generally, the investigation meeting itself should not result in a disciplinary action.
Can I be Accompanied at the Investigation Meeting?
Unlike disciplinary hearings, you do not have the legal right to bring someone with you to an investigation meeting. There is often confusion in relation to the right to be accompanied at an investigation meeting at work. Under section 10 of the Employment Relations Act 1999, you have the right to be accompanied to any meeting or hearing that can result in disciplinary action.
Where lots of companies do permit staff to be accompanied at an investigation meeting, the legal right does not apply, because an investigation meeting will not result in disciplinary action (although if a meeting is described as an investigation meeting, but there is clearly to be no further meetings and a sanction was given or may have been given, then the right to be accompanied may apply).
However, the Acas guide to conducting workplace investigations advises that in most cases staff should be permitted to be accompanied. It is important to check the company policy (and your employment contract) to see if being accompanied is mentioned. If you would prefer to be accompanied, there is no harm in asking your employer, they may say yes.
Please also consider if you have a disability, which would place you at a disadvantage if you were not accompanied. If your employer is aware of the disability and the disadvantage, it may be a reasonable adjustment to let you be accompanied.
Should I Be Given Prior Notice of a Disciplinary Investigation Meeting?
Again, there is no legal right to be given notice. Lots of employers will give notice of these meetings, but in some situations, they may be able to justify not doing so. The meeting is to investigate concerns/allegations so arguably giving you prior notice may change the authenticity of the meeting. From experience with clients, we are aware being invited to an investigation meeting with little warning (particularly when you only learn of HR being present when you arrive) can be very distressing, but often this does not mean the process was handled unlawfully.
If you are given prior notice to the meeting and/or the allegations against you, then it is important to use this time carefully. If you are unclear on the allegations, ask for clarity. You should tread carefully and avoid doing anything to prompt further disciplinary action, such as taking information from company systems that you otherwise would not be permitted to access.
What Happens At The Meeting And What Should I Say?
We have general guidance on attending formal meetings which is also helpful for investigation meeting. The investigation meeting should be taken seriously and you should take care in how you act and what you say. Even if you think the meeting itself is unfair, refusing to participate or answer question rarely helps. This may also lead to your employer inferring you are guilty of the allegations, because it may appear that you are avoiding giving your response.
Some general guidance is:
- Failing to attend the meeting without good reason can often be a mistake.
- Participating in the process, with an open mind, is a good approach. Even if you think the process is tainted, you will come across better in the documents (which may become evidence).
- At the meeting, listen carefully to the allegations, and ask for clarity if required. If the allegations are vague, ask for more information.
- If the allegations are vague, you should not feel pressured to provide an immediate response. Do not refuse to answer questions, instead, explain you need more information on the allegations and then time to consider them.
- If you do understand the allegations, but can explain/justify your actions, then do so.
- If you made a genuine mistake, then it is usually best to acknowledge the error, say sorry, then set out why it will not happen again.
- Even if you think the allegations are retaliation for something else, make sure you clearly address why you have not done anything wrong. It is harder for an employer to progress/justify a disciplinary if it cannot show that you have done anything wrong.
What Happens After The Investigation Meeting?
This can vary depending on the Company policy and the type of allegations. Some employers provide an investigation report that gives a view on whether there needs to be further action or not. It is usually the case that the employer will decide if the investigation can end or if the allegations should be escalated to a disciplinary hearing. In some case, there may be another meeting to discuss any further information that has come to light (some investigations may also involve other people as witnesses). After the investigation meeting, you should wait to hear what is to happen next.
Disciplinary Investigation Meeting – Top Tips
Here are some key takeaways if you are invited to an investigation meeting:
- Read the disciplinary policy asap so you understand the process.
- If you would prefer to be accompanied, know you do not have the legal right, but (1) check the internal policy and (2) ask anyway.
- Go into the process with an open mind and participate.
- Always be polite, professional and helpful. You will come across much better.
- If you do not understand something, ask for clarity.
- Don’t panic. Listen to the allegations. Answer the questions.
- If you think the process is unfair or retaliation for something else. Don’t resign.
- It is always best to stay employed, take advice, act quickly.
Disciplinary Hearing
If the investigation is escalated to a disciplinary hearing., then please see our articles Disciplinary Hearing and How to Beat Disciplinary Hearings.
Frequently Asked Questions
1. What is a disciplinary investigation meeting?
A disciplinary investigation meeting is usually the first step in a disciplinary process when an employer is investigating allegations of misconduct. The purpose is to gather facts before deciding whether further disciplinary action is necessary.
2. Can I be dismissed after an investigation meeting?
The investigation meeting itself does not usually result in disciplinary action or dismissal. It is a fact-finding process to determine whether there are grounds for a disciplinary hearing, where further decisions may be made.
3. Can I bring someone with me to the investigation meeting?
You do not have a legal right to be accompanied at an investigation meeting, unlike disciplinary hearings. However, some employers may allow it, and it’s worth checking your company’s policy or asking your employer if you can bring someone with you.
4. Do I have to be given notice of the investigation meeting?
There is no legal requirement for employers to give prior notice of an investigation meeting. However, many employers do provide notice. If you are given notice, use this time to review the allegations and prepare carefully.
5. What should I say during the meeting?
Listen carefully to the allegations and ask for clarity if needed. If the allegations are vague, request more information. It’s best to participate in the process openly and professionally, and provide thoughtful responses. Avoid refusing to answer questions, as this can reflect poorly on you.
6. What happens after the investigation meeting?
After the meeting, your employer may issue an investigation report or determine whether further action, such as a disciplinary hearing, is required. In some cases, there may be follow-up meetings to gather more information.
7. Should I panic if I’m invited to an investigation meeting?
No, being invited to an investigation meeting does not automatically mean you will be disciplined or dismissed. Stay calm, approach the process professionally, and seek advice if needed.
8. Can I refuse to attend the meeting?
It is generally not advisable to refuse to attend without a valid reason. Failing to participate may suggest that you are avoiding the issue or unwilling to engage with the process, which can be detrimental to your case.
9. What should I do if I think the investigation process is unfair?
If you believe the process is unfair or retaliatory, avoid taking rash actions like resigning. Instead, continue participating in the process and seek legal advice to better understand your options.
10. Can I be suspended after the meeting?
It’s possible to be suspended depending on the seriousness of the allegations. If you are suspended, you should continue to follow the terms of suspension, and check your rights regarding pay and ongoing communication with colleagues.