Background
Our client was a manufacturing company with around 350 employees. They had a small HR and payroll team, but engaged with EML on a retained basis to provide additional support with more complex issues.
Problem
The client had an issue of potential gross misconduct involving a member of its HR team. The employee had been suspended, but the Head of HR and HR Manager were both witnesses to the potential misconduct, and therefore unable to be involved in the investigation or any subsequent proceedings. It was vitally important that as robust a procedure as possible was followed, in order to maintain the credibility of the department within the wider business.
Solution
One of EML’s consultants was appointed to undertake the initial investigation, which involved holding investigation meetings with the employee concerned and a number of other members of staff, and examining various IT reports relating to the allegations. A full investigation report was produced which recommended that the employee be asked to attend a disciplinary hearing in respect of alleged gross misconduct. The disciplinary hearing was undertaken by one of the client’s own senior managers, supported in a HR capacity by another EML Consultant. The outcome of the hearing was that the employee was summarily dismissed. The employee then submitted an appeal letter followed by 5 pages of supporting information. EML’s Managing Director undertook the appeal hearing, ensuring that every ground of appeal was fully explored. Further investigation took place following the hearing, following which the director took the decision to uphold the dismissal. A detailed letter explaining the appeal findings and decision was sent to the claimant.
Outcome
The claimant subsequently initiated Early Conciliation proceedings, which were handled by EML’s specialist Employment Tribunal Consultant. Due to the robust nature of the disciplinary and appeal process, EML was able to rebut all aspects of the employee’s potential claim on behalf of our client. The Early Conciliation process closed without any settlement, and no Employment Tribunal claim was ever received.
If you would like more information on any of the services described in this case study, please contact EML on 01942 727200 or email enquiries@employeemanagement.co.uk
