by
Ryan Clement
THE STANDARDS to be applied by an investigator when investigating a grievance or a disciplinary matter is the, ‘balance of probabilities.’ This test is not easy to apply. For example, when an investigator is face with two opposite accounts, which both appear to be plausible in the circumstances, they must still nevertheless decide. The balance of probabilities cannot end in the balance. ⚖️ It’s the investigator’s job to decide, with good reasons, why they accept one side as being more likely than the other, even if it results in a tight 51% versus 49%! 🤔 A decision must be made. It can be tough. 😩
FURTHERMORE, to add to the pressure, the investigator’s findings and, on occasion, recommended sanctions could be tested and scrutinised by the courts and employment tribunals on whether their findings were reasonable to make in the circumstances based on the evidence before them.
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Ryan Clement 