If you are subject to a workplace investigation in the UK, you have a number of legal and procedural rights. You should be informed of the investigation, made aware of the specific allegations, and given a fair opportunity to respond. You also have the right to be accompanied at formal disciplinary meetings further down the line, and to appeal any disciplinary action taken as a result of the investigation.
Here we outline the key rights employees have when under investigation at work, from being informed of the process and understanding the allegations, to responding effectively and accessing support. We also highlight important practical steps to take, such as cooperating with the investigation, seeking legal advice where necessary, and preserving key records.
Understanding both your employment rights and your responsibilities can help you navigate the process with greater clarity and confidence.
Key Rights During a Workplace Investigation
1. Right to Be Informed
You should be notified of the investigation at the earliest appropriate opportunity, unless early disclosure would risk compromising the process (for example, by allowing for interference with witnesses or evidence). In line with the Acas Code of Practice, your employer should clarify the purpose of the investigation, identify the individual conducting it, and outline the next steps.
2. Right to Understand the Allegations
You are entitled to a clear explanation of the allegations being investigated. This should include specific details of the concerns or incidents in question.
3. Right to Respond
You have the right to state your case in response to the allegations. This includes presenting your version of events, providing supporting evidence, and raising any questions or concerns regarding the investigation.
4. Right to Be Accompanied
At formal disciplinary meetings, you are legally entitled to be accompanied by a trade union representative or a workplace colleague. Some employers may also permit a friend or other supporter to attend, though this is discretionary and should be confirmed in advance.
5. Right to a Fair Process
The investigation must be carried out in a fair, impartial, and objective manner. It should follow your employer’s own policies and be consistent with the principles set out in the Acas Code of Practice. You must be given a reasonable opportunity to respond to any evidence before decisions are made.
6. Right to Appeal
If disciplinary action is taken following the investigation, you have the right to appeal the outcome. The appeal should be heard by someone not previously involved in the case, wherever possible.
7. Right to Confidentiality
Your employer is under a duty to ensure that the investigation is handled confidentially. Information should only be shared with those directly involved in the process.
8. Right to a Written Report
At the conclusion of the investigation, you should receive a written summary of the findings. You don’t have a legal entitlement to a written report, but it is best practice for employers to provide one. This report should set out the evidence considered and the basis for any decision reached.
9. Right to Information About the Process
You are entitled to know what the investigation will involve, who will be involved in conducting it, and the possible outcomes. Employers should be transparent about the stages of the process.
10. Right to Access Evidence
While you may not automatically be entitled to all evidence gathered during the investigation, your employer should disclose sufficient information to allow you to respond effectively. Access to certain documents may also be obtained via a subject access request under data protection laws.
Important Considerations for Employees
While knowing your rights is essential, how you conduct yourself during an investigation can significantly influence both the process and its outcome. The following considerations offer practical guidance to help you approach the investigation constructively, protect your position, and avoid common pitfalls that could undermine your case.
Cooperate Fully
Engage with the process constructively. Answer questions honestly, attend scheduled meetings, and provide any relevant evidence.
Seek Legal Advice
If you are unsure about your rights, or if you believe the process is being handled unfairly, you should seek advice from a qualified employment solicitor.
Do Not Resign Prematurely
Resigning while under investigation can be perceived as an admission of guilt and may prejudice your position. Seek advice before making any decision to resign.
Maintain Records
Keep copies of all relevant correspondence and documents, including emails, meeting notes, and letters from your employer. These may be important if you later need to challenge the outcome.
Review Internal Policies
Familiarise yourself with your employer’s disciplinary and grievance procedures. These should outline the steps that must be followed and your rights during the process.
If you’re facing a workplace investigation, it’s vital to understand your rights and ensure the process is being conducted fairly and lawfully. These situations can be complex, stressful, and carry serious implications for your employment.
Speaking to an experienced employment solicitor can provide you with the clarity, guidance, and support you need to protect your position. Whether you’re unsure about the procedure, worried about the outcome, or considering an appeal, don’t face it alone, get in touch with our employment solicitor team today for expert advice tailored to your situation.
