Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. Are you just holding a grievance investigation at first rather than a disciplinary one?
yes we are
You may involve the alleged perpetrator in the grievance investigation to allow them to present their side of the story before you make a decision on the outcome of the complaint. Yu cannot take direct disciplinary action just as a result of what has come about in the grievance but it can allow you to start a formal disciplinary process separately once the outcome has been decided. To ensure that any disciplinary matter is fair it must be investigated separately to the grievance so you may have to run another investigation should you decide that the employee has a case to answer.
There is of course nothing stopping you from making a specific request that they are not to discuss this with anyone else – this is a reasonable managerial request.
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My fear is the grievance has the employees name on it and I don't wish the matter to escalate, however if the person who the grievance is against doesn't see what has been said against him he will not be in a position when I sit down with him to have prepared himself - am I right
At this stage he does not need to be told what was said against him - you can just investigate by asking him questions and getting his side of the story. However, if it was to proceed to a formal disciplinary against him he should be given the allegations formally be able to defend himself. Hope this clarifies?