Suspension from work - Investigation process

[dobiefan]

After interviewing staff after one of their colleagues has been suspended ( fact finding) is it ethical for a Manager to recall a staff member back to a second interview, inform them that they do not believe their first statement and intimate that their job could be in jeopardy ? ( after having the employee sit and wait two hours for the interview to be conducted)

[dobiefan]

Re: Suspension from work - Investigation process

Surely someone must have some thoughts on this please ??? My friend is very worried by all this and feels out of their depth. As an after thought during any fact finding investigation is it acceptable to ask leading questions of any staff that may be potential witnesses ???

[Amethyst]

Re: Suspension from work - Investigation process

Hi Dobiefan

So during a fact finding process interview regarding suspension of another member of staff, your friend was interviewed, his/her story not believed, and she/he was told they could now be subject to disciplinary themselves?

[matt3942]

Re: Suspension from work - Investigation process

Hi [MENTION=42069]dobiefan[/MENTION] - I don't know if it's ethical but that's sort of irrelevant. The question we'll consider is 'Is it lawful... ?' The employer's practise is certainly poor but I don't think they've done anything unlawful. If an investigator has grounds to suspect a witness' statement is inaccurate then the investigator has a responsibility to investigate further, which may involve re-interviewing the witness.

The witness may want to make a complaint about the way in which they were treated, but assuming they weren't compelled to make a false statement, it shouldn't affect the outcome of the investigation/case.

- Matt

[dobiefan]

Re: Suspension from work - Investigation process

My understanding is that they were warned that their job could be at risk - surely any second interview should be done without any personal comment from the person conducting the interview ?? - Can I also ask is it normally the person that is deemed investigating officer the person who would conduct any fact finding ?
Thanks in anticipation

- - - Updated - - -

Could their actions of the Manager re- interviewing the staff member not be interpreted as bullying / intimidation ??

[matt3942]

Re: Suspension from work - Investigation process

Hi [MENTION=42069]dobiefan[/MENTION]

It's not terribly professional to say so but the truth is the witness could be subject to disciplinary proceedings if they knowingly give a false statement. The investigator's behaviour could be construed as bullying/intimidation, and the witness may wish to make a complaint, as I said.

I can't see how it would affect the outcome of the investigation though, unless the witness is compelled to give a false statement.

Yes, the investigator may also be the 'fact finder' - their role is to identify the facts of the case, and determine if there is a disciplinary case to answer.

- Matt

[stevemLS]

Re: Suspension from work - Investigation process

I agree with Matt.

If something comes to light during the course of an investigation which suggests that a witness may be guilty of wrongdoing (or needs to clarify an earlier statement) I can see no reason why the investigator should not reinterview the witness.

Whilst the investigator will try to establish the facts, the final decision maker is the disciplinary hearing.