It is likely that most managers will have to deal with a disciplinary matter at some point in their career. It is important that a fair procedure is followed otherwise they risk any subsequent dismissal being classed as unfair. In our two-part blog series we look at the factors to be considered by employers when dealing with a disciplinary matter. Here we look at how a disciplinary investigation should be conducted.

The first thing employers must do is familiarise themselves with the Acas Code of Practice on Disciplinary and Grievance Procedures, as well as any internal disciplinary process.

Once they are familiar with the guidance, employers should decide whether the matter can be dealt with informally, or whether it is appropriate to proceed down a more formal route. Sometimes during the investigation, perfectly plausible explanations emerge and the disciplinary process is discontinued without a hearing. This is why it is important, even in cases of apparently "obvious guilt", that the employer should always investigate rather than launch straight into a disciplinary hearing or dismissal.

The nature and extent of an investigation will depend on the particular facts and circumstances. The more serious, the more thorough the investigation is likely to be. It is not always necessary to hold an investigatory meeting but where one does take place it is vitally important that it doesn't stray into the realms of disciplinary action. A disciplinary meeting is as formal meeting which triggers the right of the employee to be accompanied.

There may be instances where suspension with pay is necessary while investigations are carried out. This is more likely to be the case where there are allegations of gross misconduct and the presence of the employee in the workplace is likely to hamper the investigation.

What Tribunals look for in a misconduct situation is a 'genuine belief' that the misconduct has occurred, and that the genuine belief has resulted from a reasonable investigation.

If, after the investigation, there is sufficient evidence to proceed to disciplinary action, the employee should be notified of this in writing. The written notification should set out the allegations in sufficient detail to enable the employee to prepare to answer them at the formal meeting. Copies of any written evidence, which may include witness statements, should also be provided.

In our next blog, we will look more closely at the disciplinary hearing and right of appeal.