Dismissal Following Investigation Delays

Investigations should be conducted without unreasonable delay. Prolonged delays can make subsequent dismissals unfair and may give rise to other claims.

No Fixed Time Limit

Legal Position

• No statutory time limit for investigations
• But must be "reasonable in circumstances"
• Depends on complexity and seriousness
• ACAS Code requires "without unreasonable delay"

What's Reasonable?

Depends on:

Factor	Impact on Timeline
Complexity	More complex = longer acceptable
Seriousness	Serious matters need thorough investigation
Availability	Witnesses, documents, expert input
Resources	Small employers may take longer
Employee cooperation	Delays caused by employee different

Typical Timescales

Simple Matters

• Straightforward misconduct
• Few witnesses
• Clear evidence
• Should take: days to 2-3 weeks

Moderate Complexity

• Multiple witnesses
• Some document review
• Relatively clear allegations
• Should take: 2-6 weeks

Complex Investigations

• Serious allegations (fraud, harassment)
• Multiple parties
• Extensive evidence
• Expert input needed
• May take: 2-4 months

Unreasonable Delays

Red flags if:

• Investigation takes over 6 months
• No good reason for delay
• Little communication
• Matter appears forgotten
• No progress being made

Impact of Delays on Fairness

How Delays Affect Dismissal

Long delays can make dismissal unfair because:

1. Memories fade - evidence becomes unreliable
2. Prejudice to defense - harder to respond
3. Suggests not serious - if matter so urgent, why delay?
4. Process becomes unfair - ACAS Code breach
5. Stress and limbo - impact on employee

Not Automatically Unfair

But delay alone doesn't make dismissal unfair if:

• Delay was reasonable in circumstances
• Good reasons existed
• No prejudice to employee
• Fair hearing still possible
• Substantive reason remains valid

Suspension During Investigation

Prolonged Suspension

Common with delayed investigations:

• Employee suspended on full pay
• While investigation drags on
• For months or even years
• Significant impact on wellbeing

When Becomes Unreasonable

Lengthy suspension may be:

• Breach of duty of trust and confidence
• Particularly if no good reason
• Or if investigation could be done faster
• May lead to constructive dismissal claim

Your Rights During Suspension

• Continue to be paid
• Entitled to updates on progress
• Can raise grievance about process
• Can request end to suspension
• May resign and claim constructive dismissal

Reasons for Delays

Potentially Valid Reasons

Reason	Acceptable?
Complexity of allegations	Usually yes
Large volume of evidence	Usually yes
Witness unavailability	Depends
Illness of investigator	Depends
Awaiting police investigation	Sometimes
Resource constraints	Limited excuse
Holiday periods	Not for months

Invalid Reasons

Not acceptable excuses:

• Simply forgotten about
• Low priority given
• Incompetence or disorganization
• Hoping you'll resign
• Punishment by process

Parallel Criminal Investigations

Common Delay Reason

Employer may wait for:

• Police investigation
• Criminal trial
• Regulatory investigation
• Professional body proceedings

Can Employer Wait?

They can, but:

• Not obliged to wait indefinitely
• Can conduct own investigation
• Different burden of proof
• Should still proceed without unreasonable delay
• May suspend pending outcome

Balancing Act

Must balance:

• Avoiding prejudicing criminal process
• Employee's right to fair, timely process
• Employer's need to resolve matter
• Practical considerations

Prejudice to Fair Hearing

How Delay Causes Prejudice

After long delay:

• Witnesses forget details
• Documents may be lost
• Your recollection fades
• Harder to gather evidence
• Diminished ability to defend

Raising This Issue

At hearing, argue:

• Specific prejudice caused by delay
• Evidence no longer available
• Memories faded
• Unable to properly respond
• Hearing no longer fair

Impact on Trust and Confidence

Constructive Dismissal

Unreasonable delay may be:

• Breach of implied term of trust and confidence
• Particularly if suspended for long period
• Or left in limbo without communication
• May entitle you to resign and claim

Requirements

Must show:

• Delay was unreasonable
• No good reason for it
• Breach was fundamental
• You didn't affirm the breach
• Caused your resignation

Risks of Resigning

• Need 2 years' service for unfair dismissal
• Burden of proof on you
• May lose if employer justifies delay
• Left without job if claim fails
• Seek advice before resigning

Communication During Investigation

Employer Should

• Keep you informed of progress
• Provide realistic timescales
• Explain reasons for any delays
• Respond to your inquiries
• Update you regularly

If No Communication

Consider:

• Chasing for updates in writing
• Requesting meeting to discuss
• Raising grievance about process
• Getting medical evidence if stress
• Seeking advice about options

Grievances About Delay

You Can Raise Grievance

About:

• Length of investigation
• Lack of communication
• Impact on your health
• Continued suspension
• Request for process to conclude

Employer Should Respond

By:

• Explaining reasons for delay
• Providing timeline
• Addressing concerns
• Considering ending suspension
• Progressing investigation

Effect on Disciplinary Hearing

Can Still Be Fair

Delayed investigation doesn't prevent fair dismissal if:

• Fair hearing still possible
• No prejudice to your defense
• Good reasons for delay
• Process otherwise fair
• Substantive reason valid

But Weaker Case

Employer's position weakened by:

• Unexplained delays
• Lack of communication
• No good reason
• Evidence of prejudice
• Process failures

Medical Evidence

Impact of Delay on Health

Long investigations can cause:

• Stress and anxiety
• Depression
• Impact on physical health
• Inability to move on
• Career damage

Obtaining Evidence

Consider:

• Seeing your GP
• Getting medical report
• Documenting impact
• Raising with employer
• Using in mitigation or grievance

Employer's Duty

Should consider:

• Impact on your wellbeing
• Whether delay can be avoided
• Support available
• Adjustments needed

If Dismissed After Delay

Challenging Dismissal

Consider whether:

• Investigation was unreasonably delayed
• Delay made hearing unfair
• Prejudiced your defense
• Breached trust and confidence
• Process overall was unfair

Not Sole Ground

Delay alone rarely makes dismissal unfair, but:

• Adds to other procedural failures
• Goes to overall fairness
• Relevant to compensation
• Shows unreasonable process

Practical Steps

During Investigation

1. Keep records - all communications and dates
2. Chase regularly - weekly or fortnightly
3. Put it in writing - emails requesting updates
4. Note impact - on health, career, finances
5. Consider grievance - if becoming unreasonable
6. Seek advice - if prolonged

If Suspended

• Request regular updates
• Ask when suspension will be reviewed
• Propose alternatives (working different location, restricted duties)
• Get medical evidence if needed
• Consider whether position sustainable

Preparing Your Case

• Timeline of investigation showing delays
• Record of communications (or lack thereof)
• Evidence of prejudice caused
• Impact on health (medical evidence)
• Examples of unreasonable delay
• Requests for progress ignored

Employer Best Practice

Conducting Investigations

Should:

• Set realistic timeline at outset
• Allocate sufficient resources
• Prioritize according to seriousness
• Keep employee updated
• Complete without unreasonable delay
• Document reasons for any delays

Managing Suspended Employee

• Regular communication
• Review suspension regularly
• Consider alternatives
• Be aware of wellbeing impact
• Progress investigation actively

If Delays Occur

• Explain reasons clearly
• Provide revised timeline
• Keep employee informed
• Consider ending suspension
• Document justification

Common Scenarios

Scenario 1: Investigation Delayed 3 Months

Allegations of misconduct, investigation drags due to witness holidays and investigator workload.

• May be reasonable if complex
• But should communicate delays
• 3 months approaching limit
• Should be progressing actively

Scenario 2: Suspended 12 Months Awaiting Police Outcome

Serious allegations, police investigation ongoing, employee suspended throughout.

• Long time but may be justified
• Should review suspension regularly
• Consider if own investigation possible
• Communication essential
• May become unreasonable if no end in sight

Scenario 3: Investigation Starts Then Forgotten

Investigation commenced, then nothing for 6 months, eventually dismissal.

• Unreasonable delay without excuse
• Suggests not serious matter
• Weakens employer case
• Strong ground to challenge
• May be unfair dismissal

Tribunal Considerations

What Tribunal Examines

• Length of investigation
• Reasons for delay
• Whether delay was reasonable
• Impact on employee
• Whether fair hearing still possible
• Communication during delay
• Overall fairness of process

Not Just About Delay

Tribunal won't find unfair solely because of delay if:

• Substantive reason valid
• Process otherwise fair
• Good reasons for delay
• No prejudice caused
• Fair hearing possible

But delay is relevant factor in overall assessment.

Summary

Key Points

• No fixed time limit but must be reasonable
• ACAS Code requires proceeding without unreasonable delay
• Delays can make dismissal unfair
• Impact depends on reasons and circumstances
• Communication essential
• Long delays may be constructive dismissal

What's Reasonable?

• Simple matters: weeks
• Complex matters: 2-4 months
• Over 6 months: needs good justification
• Communication throughout essential

If Investigation Delayed

• Keep chasing for updates
• Document everything
• Consider raising grievance
• Get medical evidence if needed
• Seek advice if prolonged
• Know your options

For Employers

• Complete investigations promptly
• Communicate with employee throughout
• Document reasons for any delays
• Review suspended employees regularly
• Be aware delay can make dismissal unfair
• Balance thoroughness with timeliness

Investigations should be thorough but not unnecessarily prolonged. Unreasonable delays undermine fairness and can turn otherwise valid dismissals into unfair ones.