An employer investigating alleged misconduct should gather information fairly rather than only evidence supporting a desired result. For a GB ordinary unfair dismissal case, the Burchell approach asks whether the employer genuinely believed the misconduct occurred, had reasonable grounds and investigated as much as was reasonable in the circumstances. This is not a promise that every investigation error defeats a dismissal; the tribunal assesses overall reasonableness. Northern Ireland has separate legislation and LRA guidance.
Avoid predetermination. Describe allegations as allegations in investigation and suspension letters. Seek relevant information that may support or contradict the allegation. Ask the employee for their account before deciding sanction.
Investigate proportionately. Consider key witnesses, records, CCTV where lawful, context and mitigation. Not every suggested witness must be interviewed; record why a proposed step is or is not necessary. The seriousness of the allegation can affect the investigation required.
Separate roles where practicable. The Acas Code recommends different people for investigation and disciplinary hearing where practicable, and an impartial appeal where possible. Three distinct employees are not an absolute legal requirement, especially in small organisations; manage conflicts and document decisions.
Share the case in advance. Explain the allegations and possible consequences in writing, normally provide relevant written evidence and allow reasonable time to prepare. There is no universal 48-hour minimum. Handle confidentiality and third-party information appropriately; consider an adjournment if new important material appears.
Do not suspend automatically. Consider alternatives, explain that suspension is not disciplinary punishment, usually maintain pay and review the need and duration regularly. No universal fortnightly review rule applies.
Hold a fair hearing and appeal. Allow the statutory accompaniment right at a qualifying disciplinary hearing, consider the employee's response and mitigation, give a reasoned outcome and offer an appeal. In relevant GB tribunal claims, an unreasonable failure to comply with the Acas Code can result in an adjustment of up to 25%; it is not automatic.
Avoid relying on the old April 2025 £115,115 compensatory cap: applicable limits depend on the dismissal date and jurisdiction, and statutory increases took effect in April 2026. No anecdotal HR director quotation is used without verification.
👉 Employer guidance: https://myredundancyrights.co.uk/employer
Official guidance: Acas disciplinary Code (GB); Acas disciplinary steps; LRA (NI).