Fair Treatment at Work
and Discipline
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There are two main ways in which a Fair Treatment at Work investigation may give rise
to a disciplinary investigation.
1. The Fair Treatment at Work Investigating Officer concludes that there is
evidence to suggest that there has been a potential breach of conduct warranting
a disciplinary investigation.
2. During a Fair Treatment investigation a serious allegation is made which is
outwith the terms of reference of the Fair Treatment at Work Investigating
Officer.
Following consultation with HR, the employing Service should, if they consider it
appropriate, commence with an independent investigation under the appropriate
disciplinary procedure. As with any disciplinary investigation, this does not presume that
the employee is guilty of any offence, it is purely that an allegation has arisen which
warrants further investigation.
The Investigating Officer, under the disciplinary procedure, will be given access to the
report and witness statements collected by the Officer who carried out the Fair
Treatment at Work investigation. In the majority of cases analysis of this information will
be the logical starting point for the investigating officer. For this reason, the Fair
Treatment at Work Investigating Officer expect to have to explain how they arrived at
their conclusions and to provide a statement to this effect. If necessary, they also expect
to attend any subsequent hearing as a witness.
Note; The Fair Treatment at Work Investigating Officer will have informed the
witnesses during their investigation that the statement they give may be used in any
subsequent disciplinary investigation.
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Step-by-Step Actions:
ƒ The Service appoints an Investigating Officer.
ƒ The Investigating Officer contacts the Fair Treatment at Work Adviser.
ƒ The Fair Treatment at Work Adviser will forward copies of the witness
statements.
ƒ The Investigating Officer will review the statements and determine which
employees may have additional information related to the disciplinary
investigation, or require to confirm or clarify certain points.
ƒ The Investigating Officer will arrange to interview the Fair Treatment at
Work Adviser with a view to obtaining a statement as to how and why they
arrived at their conclusions.
ƒ The Investigating Officer will arrange to interview the relevant employee.
ƒ The Investigating Officer will prepare a report with recommendations.
If the recommendation is that a disciplinary hearing should be convened the Investigating
Officer will be responsible for arranging his or her witnesses etc. and will present the
Management case. The Fair Treatment at Work Adviser may be asked to attend as a
witness.
For more information see DI07 Fair Treatment at Work Policy and DI17 Fair Treatment
at Work Procedure and DI02 Discipline Policy and Procedure. For advice and guidance
contact your HR Support Team (Contact details on FISH or from your HR Link Officer).
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Produced by Human Resources Section
Date 20 April 2011, Issue Number 1.2
Fair Treatment at Work
Managing People
Fife Council April 2011
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DI78