Key points

• Investigations are held for a variety of reasons, for example, following the receipt of allegations, a complaint, or an incident at work.
• We don't normally represent members at investigatory meetings as the meeting is to fact-find, however there may be cases where it is necessary.
• If you are under investigation, or have been suspended pending an investigation, you should complete this form as soon as possible for advice and support.
• You have a professional duty to comply with investigations. If you are a nurse, midwife or nursing associate, the Nursing and Midwifery Council (NMC) Code requires you to cooperate with internal and external investigations.
• If you are in a situation that you believe is unsafe that has led, or might lead, to an incident, for example due to unsustainable pressures at work, it is important to report your concerns using your workplace systems. You can also see our raising concerns guidance. 
• Your employer may ask you for a statement and, if so, you should read and follow our guidance on preparing a statement.
• Read the local policy that governs the meeting (for example, the disciplinary, bullying and harassment or capability policy) and seek information from your employer about any allegations or complaints.
• It is good practice for your employer to tell you about the investigatory meeting in writing, but they are not obliged to provide detailed information about the complaint or allegation at investigation stage.
• If we do not attend the meeting with you, we recommend asking a friend or colleague to accompany you as a witness and note taker.  
• Read any statement you have prepared and submitted before your meeting.

When you answer questions, try to be factual, accurate and objective. Where possible you should provide supporting evidence, i.e. times and dates, witnesses or records.

If you cannot remember the event or incident say that you cannot remember. Do not be rushed into speaking.

Think carefully about your responses and ask for a break if you need it. If you feel a further meeting is necessary for you to provide any supporting evidence or information, request an adjournment.

Ask for a copy of the notes or minutes of the meeting so you can review the content for accuracy. You should always seek RCN advice if you have concerns about the content's accuracy.

Do not feel pressurised into signing notes at the meeting itself. Most minutes or notes are not verbatim (word for word). Any amendments or changes should be agreed, and only sign the final version once you are happy with the accuracy of the content.

If you are asked to discuss issues you were not informed about - or you feel uncomfortable about what is being asked - then request that the meeting be adjourned until you can obtain further advice. Any agreement will be made at the investigating officer's discretion.

The role of the investigating officer is to make recommendations about whether there is a case to answer and whether a disciplinary hearing is required.

Formal sanctions (like a verbal or written warning) cannot be imposed at an investigatory meeting.

You cannot be forced to give evidence or a statement if it criminally implicates you.

The right to view CCTV footage 

Employers should have explicit reference to the use of CCTV in their disciplinary policies and any local policies covering CCTV usage. 

If you are going to be questioned on CCTV footage/audio recordings or still images as part of an investigation or hearing you have the right to review the footage to allow you to prepare a response like any other form of evidence. Employers may insist that footage is only viewed on site either to ensure they are processing it correctly or because the technical challenge of sharing footage cannot be overcome.

For more information on CCTV, please see our data protection advice guide.

Though formal sanctions such as a verbal or written warnings cannot be imposed at an investigatory meeting, the investigation can trigger the disciplinary process and possibly lead to disciplinary action being taken against you.

If this happens, your employer should follow its disciplinary process and at that stage there is a statutory right to be accompanied.

If you face disciplinary action, please contact us for advice and support.

If you are subject to an investigation, and were in the correct category of membership at the time of the incident, please complete this form for further support.