Sheffield, United Kingdom – Bhayani Law offers specialist HR employment law and recruitment advice for charitable organisations. In addition to this, the law firm delivers training sessions on how to handle investigations ethically. Fair and unbiased investigations can help limit the likelihood of Tribunal claims. Objective investigations are essential for disciplinary procedures to be fair. They should be used to gather all relevant factors by an investigation officer beforehand.
The investigation officers are meant to analyze the facts of each case including any evidence that contradicts or even supports the allegations. The officers aren’t there to make decisions on the outcome but to find all the relevant facts. The investigation is one of the most powerful tools in any HR situation.
Recently, a case in the Employment Tribunal emphasized the importance of unbiased and objective investigations. The case of The Governing Body of Tywyn Primary School v Mr M Aplin UKEAT/0298/17/LA and EAT decided that the claimant had been dismissed unfairly due to sexual orientation discrimination. This discriminatory dismissal was unfair and caused by the lack of an objective investigation. The Employment Tribunal criticised the report that the investigation presented and highlighted the following elements:
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