Case Note on Stevens V University of Birmingham[1]

The manner in which disciplinary investigations are conducted is of significant importance to employer and employees alike. For an employee it is critical that a disciplinary investigation is conducted fairly and objectively as experience tells us it may be next to impossible to overturn findings of fact at a later stage (whether before a statutory tribunal, a full disciplinary hearing or a Court of Law). For an employer it is imperative that their procedures are robust and that decisions made can survive subsequent scrutiny.

An important procedural issue that can arise during disciplinary investigations is the employee’s entitlement to be accompanied/represented at the investigation. Generally speaking, representation in an investigation can