Misconduct - Invitation to Investigatory Meeting Letter

This Misconduct – Invitation to Investigatory Meeting Letter should be used by employers to request that an employee attend an investigatory meeting regarding suspected misconduct by him or her.

Employers should follow the ACAS Code of Practice in relation to dismissal and disciplinary procedures. The ACAS Code provides that, before deciding whether or not there is a disciplinary case to be answered, the employer should conduct whatever investigations are necessary to review the facts surrounding the allegation. This may include interviewing the employee accused of the misconduct. Employers should clearly explain the nature of the meeting to the employee i.e. that it is an investigatory meeting, not a disciplinary one. The ACAS Code of Practice is not compulsory, however, Employment Tribunals have the power to adjust awards by up to 25% if employers fail to act fairly and reasonably in accordance with the Code.

This Misconduct – Invitation to Investigatory Meeting Letter should be used in conjunction with the Guidance Notes: Disciplinary Procedures and the Disciplinary Policy and Procedure documents.

The General Data Protection Regulation (GDPR) requires employers to comply with core principles for collecting and processing data. In this context, this information will normally be provided through an employee privacy notice at the start of the employment relationship. The employer must ensure that matters discussed as part of the investigation are treated as confidential and disclosed only as required for the purpose of the investigation.

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