Steps in a domestic enquiry
Keep minutes of every sitting, signed by those present, and give the employee copies of the documents relied on. Standing orders or company rules usually lay down the procedure, and the enquiry should follow them step by step.
- Charge sheet with specific charges, the rules breached and a deadline to reply
- The employee's reply, and a decision to hold the enquiry if the charges are denied
- Appointment of an impartial enquiry officer, internal or external
- Notice of the enquiry with date, time and place
- Hearings where management presents witnesses and documents, and the employee cross-examines and presents a defence
- An enquiry report with findings on each charge
- The report shared with the employee for comments, then the disciplinary authority's decision
Natural justice in practice
Two principles guide every enquiry. No one should be a judge in their own cause, so the enquiry officer must not be the complainant, a witness or someone who has already formed a view. And the employee must be heard: told the charges in writing, shown the evidence, allowed to cross-examine witnesses and present their own, and, where the rules allow, assisted by a co-worker. Findings must rest on evidence recorded in the enquiry, not on what the officer heard informally.
When a domestic enquiry is needed
Hold one when the charge is serious and the likely penalty is major: dismissal, discharge, demotion or withholding increments. Minor lapses admitted in reply to a show cause notice can be closed with a warning without a full enquiry, if your rules allow it. A flawed enquiry is a common reason disciplinary action fails when challenged, so for serious cases many employers appoint an experienced external enquiry officer and take legal advice on the process.
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Is a domestic enquiry needed before dismissing an employee?
For misconduct, a fair enquiry is the accepted way to establish the facts before a major penalty such as dismissal, and standing orders and company rules usually provide for one. Skipping it, or running it unfairly, exposes the decision to challenge. Where the rules or facts are unusual, take legal advice before acting.
Who can be an enquiry officer?
Any impartial person can be appointed: a senior employee from another department, an HR officer with no connection to the case, or an external professional such as a retired labour officer or a lawyer. The officer must not be the complainant, a witness or someone who has already taken a view on the charges.