An investigation should find facts, not build a predetermined case. Suspension is not a finding of guilt and should not be an automatic response to an allegation.
Use this guide to identify what should have happened, which records should exist and which questions still need an answer.
Key points
- Start with employment status and the exact event.
- Separate contract, policy, statutory right and good practice.
- Ask for reasons and records that can be tested.
- Keep internal and external deadlines on separate calendars.
Process audit
Separate four different stages
| Stage | What it should do |
|---|---|
| Initial assessment | Identify the concern, obvious risks and whether formal investigation is needed. |
| Investigation | Gather relevant material from all reasonable lines of enquiry. |
| Decision to proceed | Decide whether there is a case to answer, not whether guilt is proved. |
| Disciplinary hearing | Hear the case and response before deciding action. |
What a reasonable investigation should show
The scope should match the seriousness and complexity of the issue. The investigator should identify relevant documents, systems, witnesses and disputed facts; look at evidence that supports and undermines the allegation; give the employee a meaningful opportunity to respond; and produce a report that distinguishes evidence from conclusion.
The Acas Code says necessary investigations should be carried out without unreasonable delay. In misconduct cases, different people should investigate and conduct the disciplinary hearing where practicable.
Witnesses, notes and confidentiality
Ask whether a witness account is first-hand, when it was recorded and whether the witness checked it. Genuine confidentiality concerns may justify redaction or careful handling, but anonymity should not become a shortcut that prevents a meaningful response. Identify the substance you need rather than demanding personal details that are irrelevant.
Suspension should be necessary, brief and reviewed
Acas advises against automatic suspension. The employer should identify a real risk to the investigation, organisation, staff or person under investigation and consider alternatives such as changed duties, location, shifts or system access. Suspension should normally be on pay, kept as brief as possible and reviewed.
Ask for the reason, contractual basis, pay position, restrictions, contact person, review date and next step. If a complaint involves two people, moving or suspending the complainant without proper consideration can itself create further issues.
There is not always a statutory companion right at investigation meetings
The statutory accompaniment right normally attaches to qualifying disciplinary and grievance hearings, not a purely investigatory meeting. A policy may give a wider right, and disability-related reasonable adjustments or fairness may require the employer to consider another attendee.
What can you realistically ask for?
- A clear written explanation of the decision and the rule used.
- Correction of factual or procedural errors.
- A reconsideration, meeting, appeal or grievance outcome where appropriate.
- Preservation and disclosure of the material needed to understand the decision.
- A specific practical remedy rather than a general request to “deal with it”.
Evidence worth keeping
Preserve original, dated records. Keep a short chronology linking each item to the fact it may prove.
Common employer responses, and what they do not necessarily prove
| Employer says | What to check |
|---|---|
| “Suspension is neutral, so reasons do not matter.” | Calling it neutral does not remove the need for a reasonable, necessary and reviewed decision. |
| “We only need evidence supporting the complaint.” | A reasonable investigation should pursue material lines of enquiry, including evidence pointing the other way. |
| “Confidential means you cannot know the case.” | Confidentiality may affect disclosure detail, but the employee still needs enough substance to respond fairly. |
What to say next
Adapt the wording to the facts. Do not state that a right definitely applies until you have checked status, eligibility, dates and the correct legal route.
What to do
A practical next-step plan
- Record the event, decision, date, people involved and practical effect.
- Identify the contractual, policy and statutory routes separately.
- Request the precise reason and the smallest useful evidence set.
- Use the internal process and ask for a defined remedy.
- Protect the Acas and tribunal deadline independently of internal discussions.
Escalation and time limits
For most employment tribunal claims whose time limit starts on or after 1 October 2026, the primary limit is now six months minus one day. If the time limit started before that date, the earlier three-month-minus-one-day framework usually continues to apply. Some claims have different limits, including statutory redundancy pay, and interim relief in certain dismissal cases can require action within seven days.
An internal request, grievance, disciplinary process or appeal does not normally stop the tribunal clock. Notify Acas within the applicable limit. Early conciliation pauses the clock only within the statutory scheme, and the calculation can be technical where there are several acts or respondents.
Official sources
Check the current source material.
ConsumerWise provides general information rather than individual legal advice. Check current rules, dates, status and eligibility against the official source before acting.