How much detail of allegations are we required to give an employee in advance of an investigative meeting?
Published on: 13/04/2021
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Article Authors The main content of this article was provided by the following authors.
Chris Fullerton Partner in the Employment Law Group, Arthur Cox LLP
Chris Fullerton Partner in the Employment Law Group, Arthur Cox LLP
Chris fullerton from arthur cox ni
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>Chris is a partner in the Employment Law Group of the Arthur Cox Belfast Office in Northern Ireland.

Chris has extensive experience dealing with both contentious and non-contentious employment law matters. Chris advises a range of employers on all aspects of employment law including executive appointments, severance, grievances, disciplinary issues and trade union matters. Chris has represented clients before the Industrial Tribunal, Fair Employment Tribunal and the Court of Appeal in Northern Ireland in employment litigation such as unfair dismissal, equality/discrimination and whistleblowing. Chris’ practice area includes advisory work and corporate transactions.

How much detail of allegations are we required to give an employee in advance of an investigative meeting?

It should be noted at the outset that investigatory meetings are not disciplinary hearings and employers generally have more discretion in terms of the detail that is provided to employees in advance of an investigatory meeting.

In general terms, an investigatory meeting is essentially a fact-finding exercise, and the employee should normally have an understanding of what matters may be discussed at the meeting. If a considerable amount of information is provided this may, depending on the circumstances, give the impression that all the evidence has already been gathered or that the decision has already been formed as to the employee’s guilt. It will therefore be up to the employer to determine what level of detail they believe to be appropriate based upon all of the facts and the allegations made against the employee.

You should also check your disciplinary procedure to ensure that the arrangements for the investigation meeting are compliant with any specific procedural requirements.

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 13/04/2021