It was reported recently that a union member was sacked by Salford Council for assault.  He went to an employment tribunal and won his case for unfair dismissal.  The tribunal found that the council had failed to establish that an assault had taken place.  In fact the employee had merely brushed past the manager with whom he was having a heated disagreement in a narrow corridor.

Such a case highlights the importance of rigorous investigation before taking disciplinary action particularly dismissal.  All witness should be thoroughly interviewed at least once if not several times if discrepancies come to light during the investigation process.  They should be interviewed individually using a question and answer format.  Alternatively they should be asked to provide their own statement which should be done whilst supervised.  All relevant paperwork/evidence should also be collated.  The process can be conducted by managers or, as it can take up time, by an experienced HR consultant.  Sufficient time should be taken to ensure the investigation is completed well and a comprehensive report written up.  The investigation forms the basis of whether to go forward to a disciplinary hearing or not.

It should aim to leave no stone unturned and, if done correctly, can prevent a costly miscarriage of justice.