Investigation procedure and pay deductions.

[TeddyB]

Hello all. Shall keep it brief. Thanks for your time in advance, great site.

Firstly, are employers required to inform an employee who is subject to a disciplinary investigation the nature of any allegations or misconduct?

I've looked at the acas guide and associated sites with some indicating it should be clear what is being alleged.

Secondly, if any investigation was being conducted in relation to unauthorised absence, can the employer deduct money from wages before they have made a decision there is a case to answer therefore going to a disciplinary.

[ULA]

Re: Investigation procedure and pay deductions.

Firstly a fair process should include informing you that there is an investigation bring undertaken and what the allegations are particularly if you are being interviewed as part of the process or have been suspended on full pay. Secondly if the decision is to take disciplinary action then it should be made very clear as to what the allegations are.

If that is what the investigation is about then deduction from wages should be dealt with when it has been ascertained that in fact has happened.

Also do you have a deduction from wages clause in your contract? If not the deductiom would have needed to be agreed with you in advance.

[TeddyB]

Re: Investigation procedure and pay deductions.

Firstly a fair process should include informing you that there is an investigation bring undertaken and what the allegations are particularly if you are being interviewed as part of the process or have been suspended on full pay. Secondly if the decision is to take disciplinary action then it should be made very clear as to what


Also do you have a deduction from wages clause in your contract? If not the deductiom would have needed to be agreed with you in advance.

The company handbook states that not following correct reporting procedure allows them to unpay, however I'm none the wiser as they have not informed me that this even forms the basis for their investigation. I only noticed when my payslip was down a day's pay.

My employer has only referred to an 'incident' and date. They have not told what specifically they are investigating or nature of any complaint, despite my request. I assume it's enough to be disciplinary worthy in their view as they've said it may lead to that. I feel I'm being set up tbh.

[Viking1985]

Re: Investigation procedure and pay deductions.

Firstly a fair process should include informing you that there is an investigation bring undertaken and what the allegations are...

Not always is revealing the purpose of the investigation necessary or desirable. In many, many cases there will be absolutely "no case to answer", the allegations malicious or the work of a fantasist.

Further, some employees will be tempted to "have a word" to witnesses, others would face false allegations they HAD contacted witnesses.

A rule that demaded transparent disclosure at the investigation stage in every case would surely be unworkable.


if the decision is to take disciplinary action then it should be made very clear as to what the allegations are.

Absolutely correct, you can't defend yourself if you don't know the charges.

Further, in almost every case it is essential that the names of those making claims are disclosed, in the interest of natural justice.


.

Viking

[TeddyB]

Re: Investigation procedure and pay deductions.

Viking

Having a word with co workers would be impossible as I'm currently signed off sick. At no point was I suspended, which I would have thought the correct route to take if my employer was concerned about swaying witness opinion?

My employer was asked the nature of the allegation in writing, which they have ignored. I thought it reasonable to know, especially since they have now unpaid me wages without explanation. They have now raised the potential of disicplinary proceedings, however I'm still in the dark as to what is alleged.

It might be worth noting that I do not have a contract of employment to hand. One was signed when I commenced employment X years ago, however having asked to see this numerous times my employer cannot find it. A personal file request has also drawn a blank.