The post holder will be required to undertake and co-ordinate employee relations investigations managing a range of complex employment matters including disciplinary, grievance and dignity at work, whistle blowing matters, that are subject to a formal procedure, for all staff groups.
The post holder will take the lead on conducting thorough, fair, and equitable employee relations investigations on behalf of the Trust, in line with the principles of Just Culture, current HR best practice, Trust policies and procedures and any national/statutory guidelines.
The post holder must adopt a Just Culture approach to employee relations matters, ensuring all investigation processes are constructive and restorative. This means looking first at what was responsible for an issue or situation before looking at who was responsible. The actions of individuals need to be placed into context early on in investigations.
The post holder will be expected to provide a written report detailing the outcome of the investigation and present the findings in a formal setting, as required under the relevant Trust policies. Where necessary, the ER Investigator may also be required to present such findings at Employment Tribunal/High Court.
Work autonomously as the lead investigator on complex and highly complex/multifaceted employee relations cases relating to staff from all staff groups and levels within the organisation, in line with Trust Policies and procedures.
Conduct fair and equitable investigations, working within the terms of reference agreed, whilst using a ‘Just Culture’ approach.
Take the lead in planning the investigation to ensure it is a cost effective and efficient process, that makes best use of Trust resources (physical and financial), in line with any KPIs.
Ensure that timescales are met in accordance with the relevant policies and availability of witnesses.
Take statements (where appropriate) from all relevant parties, identify and analyse the information gathered during the investigation, which may be detailed, complex, specialised, contradictory, highly confidential, sensitive and sometimes distressing. This may also include the need to seek specialist/technical knowledge/information as required.
Listen carefully, ask questions and record information accurately. Remain calm, measured and balanced in challenging situations. Will challenge appropriately and uses persuasive skills where necessary.
Manage competing priorities in sometimes challenging circumstances, whilst being flexible to adapt to changing circumstances as an investigation progresses.
Be responsible for ensuring that individuals subject to investigation processes receive the correct documentation and have a full understanding of what is involved and the potential outcomes, including providing regular updates on progress and explaining any reason for delay.
Ensure a consistent approach to the support of staff involved, and deal with any conflict should it arise.
Critically analyse information in order to present investigation findings and produce detailed, factual, and well-written investigatory reports, following each investigation to the required high standard and in keeping with the relevant Trust policies and guidelines.
Maintain liaison with the relevant Commissioning Manager and ER Lead in each case, including regular updates on progress and explaining any reason for delay.
Act on significant issues identified within the investigation process such as identifying new evidence or evidence that suggests the issue is not being managed within the most relevant policy. Liaise with the Commissioning Manager and ER Lead as required preparing detailed reports covering the issues/concerns that have emerged.
Review ER management reports for the ER Advisors following the completion of Dignity at Work (Bullying and Harassment), Disciplinary and Grievance investigations undertaken by the ER team.
Review the details, once completed of the Pre-disciplinary Decision Tree Form and Terms of References for the ER Advisors.
Ensure formal hearings are proactively arranged; arrange attendance of all relevant parties including witnesses and ensure appropriately worded invite letters are sent out in a timely fashion.
Present the investigation findings at Trust hearings and/or appeal hearings.
Represent the Trust at employment tribunals and court hearings as required.
Report back any potential learning to the Commissioning Manager and Employee Relations Lead for dissemination following the conclusion of an investigation.
Develop and maintain effective working relationships with managers, staff representatives, and staff based on trust and good practice, to foster a culture of positive employee relations in keeping with Trust Values, and Just Culture and Learning.
Share knowledge and enhance standards of investigations across the Trust.
Guide and support managers in the use of a wide range of ER interventions designed to resolve people-management issues early including process documents, best-practice advice, facilitated meetings, mediation and coaching.
Delivery of investigation skills training to Trust managers in enhancing their management capability.
Act as an HR representative on Trust hearing and appeal Panels ensuring consistency and appropriateness of recommendations.
Maintain liaison with the Commissioning Manager by supporting them to provide the outcome of an investigation to the staff following the conclusion of an investigation.
Deputise for the ER Lead as and when necessary, in accordance with the service provision.
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