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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 60451
Experience:  Qualified Employment Solicitor
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I have been put under a disciplinary procedure after

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Good morning. I have been put under a disciplinary procedure after followed investigation. I have now been informed that the employer cannot share with me the investigation report as that internal only. They only shared with me me minutes taken on the investigation meeting. Can you please advise if I have the right to request the investigation report?
JA: Was the disciplinary action discussed with a manager or HR? Or with a lawyer?
Customer: i have had the investigation with investigation officer now the disciplinary hearing will be conducted by the menager and hr
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: yes
JA: Anything else you want the Lawyer to know before I connect you?
Customer: thats all

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

What reason has your employer provided for not allowing you access to the full report? Also, what are the circumstances surrounding this and how long have you worked there for?

Customer: replied 7 days ago.
I have been working for the company for almost 4 years. They informed me that they cannot share the report as that is internal only document.

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience. When you are facing a formal disciplinary, you have the right to be given any evidence which the employer will use against you. That would usually include the investigation report and almost all disciplinaries I have been involved in included that as part of the evidence. It may be an internal report, but if it is used as evidence against you, you have the right to see it to ensure that you are given a fair chance to answer the allegations and defend yourself.

If there are any sensitive parts in the report which the employer may have to keep confidential to ensure the confidentiality of others, they could potentially withhold these or blank them out, but it should not result in the whole report being withheld.

You can point them to the ACAS Code which they are expected to follow and which specifically states:

“If it is decided that there is a disciplinary case to answer, the employee should be notified of this in writing. This notification should contain sufficient information about the alleged misconduct or poor performance and its possible consequences to enable the employee to prepare to answer the case at a disciplinary meeting. It would normally be appropriate to provide copies of any written evidence, which may include any witness statements, with the notification”

Does this answer your query?

Customer: replied 6 days ago.
Thank you for your answer.
If the employer unvaried me to a disciplinary hearing already and they refused to show me the investigation report can I tell them on the meeting that I want to have the report and then request another meeting?
Customer: replied 6 days ago.
They informed me in the invitation for a disciplinary hearing that they will use as evidence the minutes taken in investigation meeting. Does that means that they can only use them or other not showed to me?

If they are going to use evidence against you, which you have not previously seen, you can ask for an adjournment of the hearing to allow you to consider that evidence and then reconvene once you have done so.

Ben Jones and other Employment Law Specialists are ready to help you