Misconduct at Work and Disciplinary Investigations

Some reasons you may need outsourced HR advice regarding misconduct at work include:

• A disciplinary investigation needs to be carried out by someone who is external to the organisation (this may be to demonstrate independence in the process or because your own managers are reluctant)
• Your organisation does not have its own dedicated HR team to handle gross misconduct issues
• Your existing HR team do not have the capacity currently or lack the specialist expertise required to handle challenging misconduct matters

No matter what your requirements may be, our HR Business Partners will be available to lend their support. Working closely with our Employment Law team, we can attend clients’ sites in person or virtually to assist with misconduct matters.

Benefits of working with our HR Business Partners for misconduct at work and disciplinary investigations

• Have confidence you are following the correct process
• Respond quickly and with confidence to any insubordination or misconduct issues.
• Reduce the risk of employment claims

We provide affordable and accessible ad hoc HR advice for employers, including in relation to work misconduct and sackable offences. Our team of CIPD qualified and highly experienced HR Business Partners provide bespoke advice on misconduct and gross misconduct at work to businesses of all sizes and industries.

Here are just a few of the things we can help with:

Our HR Business Partners provide advice on all aspects of misconduct and disciplinary investigations at work, including:

• Investigating misconduct allegation
• Misconduct and disciplinary hearing
• Disciplinary outcome letters

Don’t see the thing you need help with on this list? Our HR Business Partners have a depth and breadth of expertise and are well positioned to advise on most issues that employers find themselves facing.

Speak to our misconduct and disciplinary investigation solicitors today

If you’re looking for outsourced HR advice on misconduct or disciplinary investigations, get in touch with our experts today.

Contact us on 0131 270 7700, visit our offices in Edinburgh, Glasgow, East Lothian or Shetland or fill in our enquiry form at the bottom of the page to request a call back.

Our misconduct at work expertise

Investigating misconduct allegations

Misconduct in the workplace could involve any number of actions by your employees.

If an example of misconduct or gross misconduct is identified, it is essential that a thorough and fair investigation is launched so that the correct actions can be taken. Failing to follow the appropriate procedures could expose your business to future disputes or legal action.

Our HR professionals can work alongside you to investigate misconduct allegations, collating the necessary evidence and advising you on the most appropriate course of action.

Misconduct and disciplinary hearings

Following an investigation, if it can be shown that an employee has a case to answer with regards to misconduct at work, a disciplinary meeting (or ‘hearing’) needs to be held. This will provide you, as an employer, with the chance to explain the alleged act(s) of misconduct.

This is an important stage that our HR Professionals can prepare you for. Our team will make a comprehensive plan ahead of the scheduled hearing, ensuring that your case is watertight, while also anticipating any potential points of contention from the employee who has committed misconduct.

With the support of our HR professionals, you can be certain that the desired outcome will be reached following the conclusion of the hearing, and you can then proceed to issue a disciplinary outcome letter.

Disciplinary outcome letters

Disciplinary outcome letters need to be specific and unambiguous. They will detail the misconduct that took place, the result of the hearing and what the follow-up actions will be – which may include dismissal in certain situations.

Our team can work with you to draft a bespoke disciplinary outcome letter following the conclusion of a hearing.

What is considered gross misconduct at work?

There are a wide range of actions which would be considered to be ‘misconduct’ or ‘gross misconduct’ at work. In many cases, these acts are sackable offences in themselves, but the proper procedures need to be taken to ensure that you remain legally compliant at all times.

Examples of general work misconduct include:

• Bullying
• Harassment
• Insubordination (refusing to do work)
• Absence without permission

Examples of gross misconduct at work may include:

• Fraud
• Physical violence
• Gross negligence
• Serious insubordination
• Theft
• Breaching health and safety

It should be noted that what amounts to misconduct or gross misconduct may depend on your business’s existing policies.

Do you need evidence for gross misconduct?

To bring forward a gross misconduct case, you will usually need firm evidence to support these claims. Without having appropriate evidence, the employee accused of misconduct may be able to lodge a successful appeal on the grounds that there is insufficient evidence to prove their actions.

Why work with us?

• Decades of specialist employment law and HR expertise for a wide range of clients
• Strong skills in amicably resolving workplace disputes
• High level experience with Employment Tribunal claims
• A complete service for all aspects of employment law and HR

Speak to our misconduct and disciplinary investigation solicitors today

If you’re looking for outsourced HR advice on misconduct or disciplinary investigations, get in touch with our experts today.

Contact us on 0131 270 7700, visit our offices in Edinburgh, Glasgow, East Lothian or Shetland or fill in our enquiry form at the bottom of the page to request a call back.