Identifies some common reasons why disciplinary investigations fail which ultimately maylead to a finding of an unfair dismissal at an Employment Tribunal.

1. Where Disciplinary Investigations go wrong Leslie Cuthbert INDEPENDENT INVESTIGATIVE INTERVIEWING LIMITED [email_address]

2. About III Limited Independent Investigative Interviewing Ltd (III Ltd) is a company founded by two solicitors with a combined experience of over 30 years in investigations. As a company we do not provide legal advice but have a background in providing analytical and advisory assistance to both individuals and companies. Our staff have experience of 1000s of hours of interviews in relation to a variety of allegations from the most minor infractions of company policies to the most serious of criminal offences. As independent consultants we have also trained a variety of organisations both within the United Kingdom and abroad in how to undertake "best practice" in conducting interviews including: International Accounting and Consultancy Firms; Specialist Criminal Investigators; Public Bodies including: NHS Trusts, Local Authorities and Fire and Rescue Services; Regulators and Private Companies.

4. A ‘Blinkered’ approach to investigations Too many investigations work on the principle of coming up with a hypothesis/a theory of what has happened and then seeking to prove that theory. Instead investigators should seek to prove two competing hypotheses at the same time, what I shall describe as – Hypothesis 1 and negative Hypothesis 1. For example – “ Hypothesis 1” is that Fred took office supplies home with him without permission; “ Negative Hypothesis 1” is that Fred did not take office supplies home with him without permission. As facts are gathered they should be assessed against both hypotheses not just one.

6. Filter An additional point to make here is that investigators should not to seek to decide upon the precise nature of the disciplinary investigation too quickly. Instead investigators should identify all possible or potential breaches of policies/procedures that the facts disclose rather than the most familiar . To give you a famous example r emember that Al Capone was prosecuted eventually for tax evasion not racketeering!!! Only after they have gathered sufficient facts should the investigator filter the facts that have been established to determine all possible causes of disciplinary action.

7. Miscommunication and misunderstanding between individuals When we seek to communicate with another party there are 4 distinct stages which progress in a circular fashion. This is called the “Communication Cycle” and the four stages are: ENCODE  SEND   DECODE  RECEIVE

11. Having read the preceding paragraph, classify each of the following statements as a fact or inference by ticking the correct box alongside each statement. Khan called the wrong hospital 7 No one at the hospital that Khan called knew anything about Smith 6 Smith was taken to hospital for x-rays 5 The accident occurred on the Clinic’s premises 4 Smith was scheduled for a 9 o’clock meeting 3 Smith was supposed to meet with Khan 2 Mr Smith is a psychiatrist 1 Inference Fact

12. Answers √ Khan called the wrong hospital 7 √ No one at the hospital that Khan called knew anything about Smith 6 √ Smith was taken to hospital for x-rays 5 √ The accident occurred on the Trust’s premises 4 √ Smith was scheduled for a 9 o’clock meeting 3 √ Smith was supposed to meet with Khan 2 √ Mr Smith is a psychiatrist 1 Inference Fact

17. How may Independent Investigative Interviewing Limited help your business? A highly specialised team of trained interviewers we are able to be 'parachuted' in to your business, whether public or private sector, and conduct complaints, disciplinary, grievance or health and safety interviews where you may have neither the manpower, time or experience to undertake them. Alternatively we are able to provide training to your staff to improve their investigatory skills and help prevent the problems outlined in this presentation from occuring . To discuss how III Limited may assist your organisation please visit our website: www.iiiltd.co.uk and complete an online questionnaire or alternatively contact us by email at: [email_address]