Workplace investigations in Ireland and fair procedures

An invitation to a workplace investigation can place an employee’s reputation and livelihood in question. For employers, an inadequate process can undermine an otherwise legitimate disciplinary decision. Fairness depends on the allegations, the investigator’s remit and the consequences that may follow.

The legal framework

The Code of Practice on Grievance and Disciplinary Procedures, S.I. No. 146 of 2000, was made under section 42 of the Industrial Relations Act 1990. It provides an important framework for clear allegations, an opportunity to respond, representation and impartial consideration.

Where a dismissal follows and the legislation applies, section 6(7) of the Unfair Dismissals Act 1977, as amended, permits consideration of the employer’s reasonableness and compliance with relevant procedures and codes.

Know the case to be answered

Employees should request the written allegations, applicable policy and terms of reference. Relevant material relied upon should be disclosed sufficiently to allow a meaningful response, with reasonable time to prepare. Findings should reflect the evidence and address material explanations.

The process must be assessed by its substance. An initial inquiry gathering information differs from an investigation making findings of misconduct. The procedural safeguards required depend on that distinction. Questioning witnesses may be necessary for fairness in particular circumstances; it is not an automatic entitlement at every preliminary meeting.

Representation and legal advice

The Code recognises representation by a colleague of the employee’s choice or a registered trade union. A right to have a lawyer attend does not arise automatically.

In McKelvey v Iarnród Éireann/Irish Rail [2019] IESC 79, the Supreme Court confirmed that legal representation is required only in exceptional circumstances where necessary for fairness. Serious allegations or possible dismissal alone do not establish that entitlement. Complexity and the employee’s ability to present their case may be relevant.

Address concerns promptly

Concerns about bias, undisclosed evidence or an unclear remit should be raised promptly in writing. Employees should retain correspondence and meeting notes, seek corrections to inaccurate records and use applicable review or appeal procedures.

Employers should ensure impartial decision-making and avoid prejudging the outcome. Early legal advice can help identify whether a procedural concern can be resolved within the process or requires further action.

Advice and consultations

If you have an issue concerning a workplace investigation or disciplinary process, please contact me to arrange a consultation.

David Danagher BL
David.danagher@lawlibrary.ie
+353 83 396 2899

Instructions in contentious employment matters are accepted through a solicitor. General information on Irish law as at 17 October 2026.