An investigation can be required in the workplace when there is a conduct or capability concern, or if a disciplinary or if a grievance has been raised.

Some veterinary practices have their own policies and procedures for these times and the steps to conduct an investigation may be included.

ACAS (the Advice, Conciliation and Arbitration Service) is a non-departmental public body which promotes and facilitates strong employment working practices. It offers advice to both employees and employers. ACAS produce guidance and Codes of Practice which set the minimum standards of fairness that workplaces should follow, and an employer who does not have their own policies and procedures should follow these.

The purpose of an investigation is to establish the facts and to be fair and have a non-biased view. The investigator should look for evidence which supports the allegation and evidence that may contradict it.

The first step is to decide if an investigation is necessary, and to decide who is the appropriate person to conduct the investigation.

The investigator needs to identify the complaint/allegations (this is not always as easy as it might sound if there are pages of documents and communications to read) identify the evidence required; identify the key witnesses; gather the correct resources; check the time for the completion of the investigation and check any absences; and finally, liaise with the employer about any communications that have already taken place with the employee about the matter.

When planning meetings with witnesses or anyone else involved, the investigator needs to be prepared. Questions should be broadly planned in advance and key issues identified. Good notes should be made, and it is usual to have another person to do this, the notes should be agreed with the person being interviewed by asking them to sign

either the handwritten notes and/or the typed notes that are produced.

Whilst there is no statutory right for an employee to be accompanied to an investigation meeting, if this is requested it is generally accepted that it is reasonable for an employer to allow this. Some employees may require special assistance as well for reasons related to disability, language etc.

Once the investigation has concluded, the investigator should write up the report with all their findings, double checking the information is correct and complete. An explanation of any facts that could not be determined should be included and a summary of the witness evidence. Sometimes it is necessary to interview people more than once as the investigation proceeds.

It is not the job of the investigator to make any recommendations of any sanction or proposed resolution. The investigator needs to submit their findings to the person who has authorised the investigation and can recommend if further formal action should be considered – but not specifically what that might be. The investigator can also sometimes make other recommendations about working practices if this is relevant. It is important that as far as possible, for the process to be fair and unbiased that any next stage (e.g. a disciplinary meeting) is heard by a different person.

The role of the investigator is key to the process, the investigator should be given the time and the authority to make their enquiries, whilst an investigation should never be unreasonably delayed, it can also be difficult to be precise about how long it might take and giving progress updates can reassure people involved that the matter is being progressed.

Author

Nicky Ackerley BA(Hons)

Nicky is the owner of HR Support Consultancy. She has a BA(Hons) in Business Studies, is a member of the Chartered Institute of Personnel and Development and has been a practising HR manager for more than 20 years. HR Support Consultancy has provided the BVNA Members Advisory Service (formerly known as the Industrial Relations Service) since it began in 2002.

Email: nickyackerley@hrsupportconsultancyco.uk

Veterinary Nursing Journal • VOL 36 • June 2021