Investigation Policy - June 2026
In this section
- 1. Introduction
- 2. Scope
- 3. Procedure
- 4. Appointing an Investigating Officer
- 5. People Services - HR Business Partner (HRBP)
- 6. Employee Responsibilities
- 7. Sickness Absence During an Investigation
- 8. Notification of an Investigation
- 9. Representation
- 10. Recording an Investigation Meeting
- 11. Timescale
- 12. Support for Employees
- 13. Confidentiality
- 14. Ensuring Equality of Treatment
- Appendix 1 - Guidelines for Investigating Officers
- Appendix 2 - Template Terms of Reference for Investigation
- Appendix 3 - Investigation Planning Template
- Appendix 4 - Template Investigation Meeting Record
- Appendix 5 - Investigation Officer’s Report Template
- Appendix 6 - Protocol for Disciplinary Hearing
- Appendix 7 - Questioning Approaches to Use
9. Representation
Whether an employee has the right to be accompanied at an investigation meeting will depend on the circumstances:
Disciplinary investigations – There is no statutory right for an employee to be accompanied at a disciplinary investigation meeting (for example, a meeting held to gather facts). The right only applies to a disciplinary hearing which could result in a formal warning or some other action being taken or confirmed against a worker. The Authority’s Disciplinary Policy does however allow for an employee who is the subject of an investigation to be accompanied by a suitable companion (independent of the investigation) at the investigation stage. A companion can be a trade union representative or a work colleague. The employee will be given an appointment with reasonable time to arrange such support. (Please refer to the Role of the Companion in Disciplinary and Grievance Process).
In situations where it appears to the investigating officer that there is an unreasonable delay of more than seven calendar days in seeking a companion, the investigating officer can insist on an interview and offer an independent person as an observer.
Grievance investigations - An employee who raises a grievance in line with the Authority’s Grievance Policy has a statutory right to be accompanied at any meeting held to hear, gather facts about, discuss, consider or resolve their grievance. This includes investigation meetings.
However, any other employee interviewed as part of the investigation into a grievance, (for example, to check facts or gather new evidence) does not have a statutory right to be accompanied at the investigation meeting.