An investigation must be carried out promptly 


The Acas Code emphasises that any investigation must be carried out without unreasonable delay to establish the facts before memories fade. 


Whether a delay is unreasonable depends on the particular facts and the extent to which delay prejudices the worker and undermines the possibility of a fair hearing (Royal Society for the Prevention of Cruelty to Animals v Crudden [1986] IRLR 83). Here are some relevant factors to consider:


• has the employee admitted any of the allegations?


• were the key facts properly investigated early on in the investigation and were findings of fact made before memories faded? (See Lim v Royal Wolverhampton Hospitals NHS Trust [2011] EWHC 2178)


• to what extent do the allegations rely on memory, as opposed to hard evidence such as emails or other documents? and


• do the people the employee wants to call as witnesses still work for the employer?