Employment Investigations

During the current economic climate, employees are less likely to leave their employment and move to an alternative employer since it often means loss of their Employment Rights (redundancy eligibility etc).  Therefore employment and workplace disputes are more likely to result in either more grievances, more disciplinary matters to investigate, or more requests for mediation services.  Each of these approaches has its’ own place in the dispute resolution process.  Marilyn undertakes all forms of dispute resolution work.

With current workloads it is sometimes a challenge for managers to make the time to undertake a comprehensive disciplinary or grievance investigation.  Marilyn can undertake this task for you which would have the added advantage of being done by an unbiased independent person, taking claims of bias out of the equation, and adding credence to the findings.

Marilyn has undertaken over 170 employment investigations which include discipline, grievance, safeguarding, whistleblowing and bullying & harassment.  She has also been trained in all aspects of discrimination by the Tribunals Service, and regularly undertakes extremely complex discrimination investigations across the full spectrum of topics covered by the Equality Act 2010.

Marilyn spends over 80% of her working life conducting investigations.   During the current year alone she has conducted investigations into the following issues:-

  • Race discrimination
  • Bullying & Harassment (several cases across all levels of the organisation)
  • Victimisation (treating one employee differently in the same circumstances)
  • Serious breach of policy
  • Safeguarding (Cases involving adults and children)
  • Breach of ICT Policy
  • Financial irregularities
  • Illegal Eviction (Housing)
  • Breach of Working Time Directive (having two jobs without permission)
  • Homophobic Discrimination
  • Parental complaint regarding treatment of child
  • Bullying & Harassment by a Headteacher
  • Bullying & Harassment by a Doctor
  • Unfair selection for redundancy
  • Mental Health Dismissal (Capability)
  • Failure to report a safeguarding issue
  • Falsifying evidence on a job application form
  • Failure to make reasonable adjustments (Disability discrimination)

Please contact Marilyn for a free opinion on the most beneficial approach.

 

 

HR Services Client Feedback

Services

  • Investigations

    With current workloads it is sometimes a challenge for managers to make the time to undertake a comprehensive disciplinary or grievance investigation.

    Marilyn can undertake this task for you which would have the added advantage of being done by an unbiased independent person, taking claims of bias out of the equation, and adding credence to the findings.

  • Tribunals

    Marilyn sat on Employment Tribunal Hearings for 12 years, and is therefore in a position to offer her clients Tribunal advice, the taking of witness statements is also offered. As a former practising Tribunal Member, Marilyn is able to offer a pre-tribunal conciliation service conducted in a similar way to mediation whereby parties can use Marilyn as a conduit through which to pass parties’ settlement suggestions. This can often result in a settlement in one day, saving huge costs in defending a case at Tribunal.

  • Mediation

    Mediation services and exit negotiations  are available to assist members of staff who are in conflict to resolve their differences in a manner that allows them both to move on and participate in the solution.

    Mediation
    Mediation can usually be completed with one Pre-Agreement Session (which can be via a telephone interview and production of a Pre-Mediation Agreement), followed by a Mediation session that is usually completed within one day. This means mediation is usually a very cost-effect way to settle disputes that could have caused loss of productive working for a long time previously.

    Mediation is also very flexible and parties chose their resolution options using the mediator as a conduit through which to pass their feelings, ideas and possibilities for settlement. The Mediator acts as a facilitator of the solution rather than an adviser, and is totally neutral. Any conflict of interests will be revealed. All information gathered during the mediation will be treated in absolute confidentiality.

    Exit negotiations
    Sometimes it is better for parties to go their own separate ways, but negotiating in-house can lead to complaints of bias and self-interest. Using a qualified mediator as a negotiator can often conclude matters that have been unresolved for a very long time in the least painful way for all concerned. Negotiations can be with Trade unions and or employees or employee representatives.

Marilyn Smyth, Managing Director

Contact Marilyn or Thelma

t: 07905 228991
e: m@making-a-difference.org.uk

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