Invitation Letter to Misconduct Investigatory Meeting
This Misconduct – Invitation to Investigatory Meeting Letter is used to ask an employee to attend an investigatory meeting about suspected misconduct.
It helps the employer make clear that the matter is still being investigated and that the meeting is not a disciplinary hearing.
When to Use This Misconduct Investigatory Meeting Letter
Use this letter where the employer needs to hear from the employee as part of a fact-finding investigation into alleged misconduct.
It is intended for the investigation stage, before any decision is made on whether there is a disciplinary case to answer.
Why the Meeting Must Be Framed Correctly
The employee should be told clearly that this is an investigatory meeting, not a disciplinary meeting.
That distinction matters because the ACAS Code of Practice expects employers to investigate the facts before deciding whether formal disciplinary action is justified.
- review the facts surrounding the allegation
- interview the employee if needed
- decide afterwards whether there is a disciplinary case to answer
ACAS Code and Fair Procedure
Employers should follow the ACAS Code of Practice on disciplinary and dismissal procedures.
The Code is not compulsory, but an Employment Tribunal may adjust awards by up to 25% if an employer fails to act fairly and reasonably in accordance with it.
Confidentiality and GDPR in Misconduct Investigations
Employers must comply with the core principles of the GDPR when collecting and processing personal data during an investigation.
This information will usually already have been given to the employee through a privacy notice at the start of employment. Matters discussed during the investigation should also be kept confidential and disclosed only where necessary for the investigation.
Related Disciplinary Procedure Documents
This letter should be used alongside the Guidance Notes: Disciplinary Procedures and the Disciplinary Policy and Procedure.
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