Blog
I am being investigated at work what are my rights?
Published 07 November 2022
Being investigated at work for alleged wrongdoing can be incredibly stressful and worrying, but knowing exactly what to expect can help you to deal with it.
Whether you are aware of allegations beforehand, or they come as a complete surprise, there is an element of fear and uncertainty that inevitably comes with being informed you are under investigation.
A typical disciplinary investigation into allegations of misconduct can leave you feeling judged and as if your fate is sealed.
A workplace investigation is a process in which your employer should seek to establish the facts surrounding any incident or allegation [1 cited 7.11.22]
An investigation will usually be carried out before a decision is taken to instigate formal disciplinary action in response to any allegation made.
However, depending on your length of service, usually if you have under two years’ service, your employer may choose to skip the investigation stage of the disciplinary process.
It is good practice and advisable that an investigation is conducted before any formal disciplinary action is taken.
If you are under investigation, you can expect to be informed as soon as possible. That is unless it is believed you may pose a risk to witnesses or the integrity of the investigation.
The reason for the investigation should be explained to you, along with details of who will conduct it, what they are going to do and what will happen next.
Again, depending on the seriousness of the allegations, you may be suspended from work to allow the investigation to take place [2 cited 7.11.22]
The terms of your suspension will usually mean you cannot attend the workplace and should not contact colleagues. If you breach the terms of suspension you can be disciplined for doing so.
If you believe a decision to suspend you during an investigation is unfair, you can raise it with your employer informally in the first instance, and then formally if dissatisfied with the response.
The period of suspension should be brief. You should be kept informed of the progress of the investigation and provided with support while suspended.
During the disciplinary investigation you may be invited to attend an investigation meeting, which is also known as a fact finding meeting [3 cited 7.11.22]
It is an opportunity for you to respond to any allegation and provide details of evidence and witnesses that can support your case, and help your employer in establishing the facts.
Guidance with the ACAS Code advises you should be given advance warning of an investigation meeting and reasonable time to prepare for it [4 cited 7.11.22]
The meeting can be nerve-wracking, uncomfortable and difficult. While you do not have a statutory right to be accompanied, you should always request if you can take a companion who may be a trade union representative or colleague.
Some employers will allow you to be accompanied at a fact-finding meeting, so always check the disciplinary policy.
If you have a disability covered by the Equality Act 2010 - which can include stress, and anxiety and depressive disorders that have lasted over 12 months – you can request to be accompanied as a reasonable adjustment [5 cited 7.10.22].
If the details of the allegations you are being invited to talk about at an investigation meeting are unclear, you have a right to ask for more information to enable you to prepare for the meeting.
Request any reasonable clarification you need in writing, as it can later be used as evidence should your employer act unreasonably or treat you unfairly.
Once the investigation is concluded you should be informed of the outcome of it without unreasonable delay.
If you believe that you have been treated unfavourably during the course of a disciplinary investigation, you have the right to raise a grievance [6 cited 7.11.22]. The grievance can be used to detail any concern, problem or complaint you may have in relation to an investigation.
Once the investigation is concluded you should be informed of the outcome, which could mean no formal action will be taken or that the matter will proceed to a formal disciplinary hearing.
