Example Cases of Workplace Investigations: How the Tribunals & Courts Have Decided
Why Case Law Matters in Workplace Disputes
No statute sets out what a fair workplace investigation looks like. Section 98(4) of the Employment Rights Act 1996 asks only whether the employer acted reasonably in treating the reason as sufficient for dismissal, and the ACAS Code of Practice is guidance rather than law. It is the decided cases that give those obligations their practical content: how thorough an investigation must be to found a reasonable belief, what independence is required of the investigator, when the failure to interview a witness or disclose a document crosses the line into unfairness, and how far a defect at the investigation stage can be cured later in the process.
This page links to detailed analyses of recent decided cases relevant to employers, HR professionals, investigators and their advisers dealing with disciplinary investigations, grievance investigations and the dismissals that follow them. Each case note explains what was decided, why it matters and what practical lessons it offers.
This page is part of the Workplace Investigations Knowledge Guide. If you need an independent investigator, or legal advice on an investigation, see my direct access barrister page.
Recent Case Analyses
£264,000 to unfairly dismissed cleaner following fundamentally flawed investigation
How the High Court Assesses the Reliability of Witnesses
Doctor dismissed after flawed internal investigation
British Airways cabin crew member who allegedly masturbated at Heathrow Airport unfairly dismissed
“Seriously flawed” flawed investigation of fire service Station Manager
£60,000 for flawed investigation into age discrimination grievance
About Robin Somerville
As an experienced, external, independent HR investigator who is also a barrister, I provide practical and valuable help in a range of situations.
A thorough workplace investigation provides a realistic perspective on your current circumstances, warts and all. That gives you an opportunity to address any shortcomings rather than having them exposed in an Employment Tribunal.
My investigation skills are also useful if you have a serious, sensitive, or complex HR issue such as sexual misconduct, theft, or dishonesty, bullying and harassment , perhaps involving a chief exec, board member, director, or senior manager. I can also provide disciplinary hearings of workplace misconduct, of an employee and grievances such as bullying and harassment.
What My Clients Say
“Your diligence in thoroughly analysing and interrogating all the allegations, the very high quality of the investigation report and the overall investigative process were worlds apart from a previous investigation I had a different external consultant carry out earlier in the year. You will be the first person I come to. Very many thanks.” Client for whom I conducted a board-level workplace investigation
“Very impressed with how well you handled the case. Clear, focused and patient as a fact-finder dealing with a wide range of evidence. I feel the participants trusted that you were fair and open. In the later discussions you helped people to reach a clear understanding of the issues involved. That led to a resolution of issues that worked for all parties. It was a masterclass.” Annie Conboy, party representative at a disciplinary hearing
“Professional and courteous. We could not recommend Robin highly enough.”
“Highly recommended. Truly appreciated his professionalism.”
“Goes way above and beyond the norm.”
“Up to speed amazingly quickly.”
Get in Touch
If you are facing a shareholder dispute and want to understand how the courts are likely to approach your situation, I would be glad to discuss your options.
Call 020 4538 0246, use the contact form below, or book a call directly.
Important disclaimer: This page is provided for general information and educational purposes only and does not constitute legal advice. The content may not be legally accurate for your specific situation. You must not rely on anything on this page in respect of your legal rights. The law in this area relates to companies registered in England and Wales only. Always seek independent legal advice from a qualified specialist before taking or refraining from taking any action. The author accepts no responsibility for any decisions made or outcomes arising from use of this material. If you would like specific advice on your situation, contact me here.
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