When should an employer appoint an independent disciplinary investigator?

Often, other than in the largest organisations, independent (external) investigators are not appointed to carry out disciplinary investigations.

So, an internal investigator is appointed.

That investigator usually has no training in EL investigations e.g PEACE.

The employer takes a gamble and very often wins.

They win because the vast majority of employees subject to an investigation believes there's been an 'investigation' and they've come out of it the wrong side.

No point in taking it to Tribunal.

Not a good answer for the purists but I believe that's the reality.

Of course, the gamble becomes unstuck when the employee does not fit the 'standard case' profile.

Some employees simply want their day in Court.

But the least 'fobbed off' are ex employees are those who either have a significant reputational value to protect - or believe that they have. These are usually C-suite and just below.

And close to those, who, to put it bluntly, are seeking to wreak revenge on a personal basis through maximum damage to the organisation.

They can also often be C-suite or just below.

So, as in many things in business, it is a cost versus risk calculation and employers know their employees, so may be best placed to calculate the risk.

But, a way of reducing that risk in those exceptional cases, which can also be potentially very damaging in financial, reputational and psychological terms is to appoint a qualified and experienced investigator.

It may be costly and you may not like the end result of the investigation but it may save your organisation from a lot more than just money.