A recent Employment Tribunal decision serves as a powerful reminder for employers that even where there are genuine concerns about employee conduct, failing to follow a fair process can prove extremely costly.

 

A fish packer who had worked for Aberdeen-based processor J Law for more than 11 years was awarded over £11,000 after the tribunal found she had been unfairly and wrongfully dismissed. While the tribunal acknowledged concerns about her behaviour and accepted that she had been involved in a number of workplace disputes, the employer’s failure to carry out a proper investigation ultimately proved fatal to its defence.

 

The Facts of the Case 

 

Ms Brown had a history of workplace conflict, particularly with a colleague and had previously received a written warning following an incident in which offensive language was used towards another employee. The warning made clear that further concerns regarding her conduct could result in termination of her employment.

 

Two months later, another disagreement occurred between Ms Brown and a colleague. The company believed Ms Brown had been aggressively shouting at her co-worker and after directing her to leave the premises, the directors met the following day and unanimously decided to dismiss her.

 

Despite concerns about her conduct and the directors’ view that the workplace was ‘happier’ when she was absent from the production area, the tribunal found significant flaws in the dismissal process.

 

The Investigation That Didn’t Take Place

 

The tribunal’s criticism centred on one fundamental issue: there had been ‘no real investigation’.

 

Although one of the directors claimed to have witnessed the incident that led to the dismissal, the judge questioned whether he had actually seen how the disagreement started or heard the full exchange in a busy and noisy factory environment.

 

Importantly:

• There was no formal investigation.
• There was no disciplinary hearing.
• Ms Brown was not given a proper opportunity to respond to the allegations.
• No mitigation was considered.
• She was not offered a right of appeal.

The tribunal concluded that the employer had acted outside the ‘band of reasonable responses’ expected of a reasonable employer because a proper disciplinary process had not taken place.

 

Investigations Are a Key Line of Defence

 

This case highlights a point that HR professionals regularly stress to managers: investigations are not a box-ticking exercise. They are one of an employer’s strongest defences when faced with an Employment Tribunal claim.

 

Many employers make the mistake of focusing solely on what happened rather than how they responded. Even where misconduct may have occurred, tribunals will closely examine whether a fair process was followed.

A robust investigation helps employers to:

• Establish the facts before making decisions.
• Gather witness evidence and documentation.
• Identify inconsistencies in accounts.
• Consider mitigating circumstances.
• Demonstrate fairness and objectivity.
• Reduce the risk of discrimination, unfair dismissal, and wrongful dismissal claims.

In this case, the employer may well have had legitimate concerns about workplace behaviour. However, because those concerns were not properly investigated and tested through a fair disciplinary process, the dismissal was found to be unfair.

 

A Lack of HR Support Is Not an Excuse

 

The tribunal also commented on the absence of HR support within the business. While many smaller organisations do not have dedicated HR teams, every employer is still expected to have basic disciplinary procedures and policies in place.

 

Having clear processes, trained managers and an understanding of employment law obligations can significantly reduce risk and improve decision-making when workplace issues arise.

 

Supporting Managers to Get It Right

 

For many organisations, line managers are the first people asked to deal with misconduct allegations, grievances, workplace disputes, and performance concerns. Yet many have never received formal training on how to conduct investigations or manage disciplinary procedures effectively.

 

This is where Keir HR can help.

 

Our Line Manager Training equips managers with the practical skills and confidence needed to handle workplace issues fairly, consistently, and legally. The training covers:

• Conducting effective workplace investigations.
• Gathering and assessing evidence.
• Managing disciplinary and grievance procedures.
• Taking witness statements.
• Understanding procedural fairness.
• Reducing employment tribunal risks.
• Making legally defensible decisions.

By investing in manager training, organisations can strengthen their first line of defence against costly employment claims and ensure problems are addressed before they escalate.

 

Key Takeaway

 

The lesson from this tribunal is clear: employers cannot simply rely on a belief that an employee has behaved badly. Without a thorough investigation and a fair disciplinary process, even a dismissal that appears justified can leave an organisation exposed to significant financial and reputational risk.

 

A well-conducted investigation is not just good practice. It is one of the most important tools employers have to defend their decisions and demonstrate fairness.

 

If you’d like to strengthen your managers’ ability to handle investigations and disciplinary matters confidently, talk to Keir HR about our line manager training programmes and how we can help protect your business from avoidable employment claims.