Does it matter who decided a disciplinary was needed?

[ritemaster]

The investigator investigates. Is it then their job to recommend further action such as a disciplinary or, can the person hearing the disciplinary decide that one is needed based on the investigation report?

I thought the person hearing the disciplinary was not supposed to be involved at any point before the hearing, but if he is the one who decided a disciplinary was needed, doesn't that make him involved?

The company has plenty of staff to allocate different roles to.

[teaboy2]

Re: Does it matter who decided a disciplinary was needed?

Yes an investigating officer may recommend the matter goes to disciplinary hearing! The investigating officer most however be impartial and not connected to, involved or aware of the allegation prior to investigating.

Like wise the disciplinary chair can based on the report decide to progress with the disciplinary procedure in full!

If possible, yes the person handling the disciplinary should not be the same person that performed the investigation, but this is not always practicable especially for small businesses or where their is no experienced staff available!

What have you been accused off?

[ritemaster]

Re: Does it matter who decided a disciplinary was needed?

In my case the investigator collected information but didn't make any recommendations. He just handed everything to his manager. His manager then decided to take it to disciplinary and then he also heard the disciplinary.

Wasn't sure if that was the way things should be done.

Thanks for the reply

[teaboy2]

Re: Does it matter who decided a disciplinary was needed?

In my case the investigator collected information but didn't make any recommendations. He just handed everything to his manager. His manager then decided to take it to disciplinary and then he also heard the disciplinary.

Wasn't sure if that was the way things should be done.

Thanks for the reply

Well its sounds like they have done things correctly. The investigator may or may not recomend whether to take action, and it is only a recommendation if they do. Ultimately its up to management whether to take it further i.e. to disciplinary or not and appoint a someone not connected to the allegation and impartial to chair the disciplinary!