Carrying out Effective Investigations

A decision to take disciplinary action can only be made after a thorough investigation, leading towards a genuine and reasonable conclusion that misconduct was committed.

In the case of Gormley v City of York Council, the claimant was investigated due to a colleague alleging that they made sexual comments and "unwelcome innuendos" at work. The colleague stated that they believed this to be "inappropriate behaviour in the workplace". Gormley was suspended whilst this investigation was carried out.

The report of the investigation stated that there was evidence that the claimant had "engaged in behaviour including unwanted innuendo and unwelcome jokes or comments that are sexist". This same phrase was used in the disciplinary hearing and dismissal letter to justify a summary dismissal for gross misconduct.

The Employment Tribunal found that this was not an effective or fair investigation, as the respondent had not asked any follow-up questions about the specific comments Gormley made. This led to the allegations against them "lacking specificity and being largely generic". As a result of this, the investigation did not lead to a reasonable conclusion that Gormley was bullying or sexually intimidating their colleague.

As a result, Gormley was successful at the tribunal and awarded £60,700.00 in compensation.

To conclude, this case shows the importance of a thorough and effective investigation. You must follow the procedure in your disciplinary policy, and gather as much information as possible in the investigation stage.

For further HR advice or guidance in relation to the topic above, get in touch with the Lansbury HR Consultants. We are here to support businesses nationally and locally in Burton-on-Trent, Swadlincote, and Derby.