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3.2 Investigation 3.2.1 A disciplinary hearing shall not be convened until the circumstances of the case have been fully investigated. 3.2.2 The Officer conducting the investigation shall seek to establish the facts by carrying out investigatory interviews with relevant persons and, where possible, shall obtain written, signed statements from witnesses who will be advised that they may be requested to appear at any subsequent disciplinary healing. 3.2.3 If following investigations, a disciplinary hearing is deemed to be unjustified, any written statements obtained and any other documents relating to the investigation shall be destroyed. 3.2.4 Where the investigations concern matters relating to the safety and well-being of young and/or vulnerable people in receipt of Council Services, or where the nature of the alleged misconduct, in combination with the employee's current post (and foreseeable future employment) causes such concern it is decided that the contents should be available for future consideration the documents shall be retained in separate record. The documents shall be available for inspection by the employee who may add a personal note to the record. 3.2.5 If there is a further disciplinary investigation relating to the employee, the documents referred to in paragraph 3.2.4 above shall be examined and may be taken into account to the extent required by the circumstances of the case. Where an unsubstantiated allegation is taken into account in any disciplinary decision, the written notification shall indicate this fact and the reasons for doing so. 3.3 Convening a Disciplinary Hearing 3.3.1 If following investigations, a disciplinary hearing is deemed necessary, the employee concerned shall be given at least five working days notice in writing of the hearing and shall also be informed in the same letter of.- (a) the fact that it will be a formal disciplinary hearing; (b) the nature of the complaint(s) with copies of all of the documentation to be presented at the heating; (c) the name(s) of any witness(es) who will present evidence at the hearing; (d) the right to call witnesses or submit statements or other documentation subject to the names of any such witnesses and/or any written submissions being provided in advance to the Officer conducting the hearing; and (e) the right to be accompanied/represented at the hearing by a trade union official or some other person of his/her choice. 3.3.2 Documentation not submitted in accordance with 3.3.1 above may only be presented at the hearing with the agreement of the employee and the Officer conducting the hearing otherwise the hearing shall be adjourned and reconvened for a later date. 3.3.3 Copies of any written statements made by individuals who are not available to give evidence in person at the disciplinary hearing shall normally be enclosed with the letter referred to in paragraph 3.3.1 above. Where this is not possible, the written statements shall normally be made available with the letter of notification of the hearing.
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