News this week that the case against two British government employees accused of spying for China has collapsed, has left many of us bewildered. The Crown Prosecution Service dropped the charges, not because there wasn’t a case to answer that secrets were being shared, but because the government couldn’t, or wouldn’t, firmly state that China is an “enemy” or “threat.” The mind boggles.

Surely, if there is reason to believe that sensitive government information has been handed to a foreign power, whether that case goes ahead or not should not depend on a legal technicality about how that foreign power is defined.

This bizarre and frustrating outcome perfectly illustrates how a case, no matter how serious, can fall apart on a technicality; when the evidence, definitions, or underlying logic simply don’t hold up under scrutiny. And while most of us won’t be dealing with matters of national security, the same principle applies in the workplace. We’ve seen it happen.

When conducting a workplace investigation, such as an alleged misconduct, a grievance, or a disciplinary issue, every detail matters. Facts must be clear, procedures must be followed, and conclusions must be supported by evidence.

If an investigation is based on opinion, assumption, or incomplete information, the organisation risks making poor decisions, facing legal challenges, and losing the trust of its employees.

Effective workplace investigations, when they are required, are crucial in delivering fair and consistent management. Done well, they protect both the employer and the employee. Done poorly, they can lead to chaos. Just as the CPS’s failure to prepare a watertight case resulted in embarrassment for the government, a company’s failure to prepare properly can result in tribunal claims, reputational damage, or even the reinstatement of a dismissed employee and potentially, a compensation payment.

In modern, lean businesses, managers are often the first line of defence in dealing with issues of conduct or grievance. Yet in our experience, many lack the confidence or training to handle investigations effectively. Too often, they simply “wing it,” relying on instinct rather than proper process.

Those with the luxury of an HR department, might choose to delegate entirely to HR, on the assumption that only HR professionals can handle investigations correctly. This not only slows down a process that is best dealt with at the ‘coal face’, but can increase the risk of inconsistency, as more work is dumped on what is probably an already busy department.

Organisation need to develop a workforce where investigating managers are able to approach each case with clarity, discipline, and an evidence-based mindset. The key skills they must develop include:

• Fact-Finding and Objectivity: Managers must focus on verifiable facts rather than workplace gossip or personal perceptions or opinion.
• Effective Questioning: The ability to ask open, neutral questions that reveal the truth without leading the witness.
• Analytical Thinking: Assessing statements, identifying contradictions, and recognising when something is at cross-purposes or doesn’t add up.
• Confidentiality and Compliance: Protecting all parties by handling information sensitively and lawfully.
• Structured Report Writing: Producing clear, logical, and legally compliant investigation reports that can stand up to challenge.

Inadequate preparation or unclear evidence can completely undermine even the most serious of allegations. Just as the CPS discovered, you can’t reach a fair or defensible conclusion without absolute clarity about the facts and your ducks lined-up. In a business context, that could mean the difference between a justifiable dismissal and a costly unfair dismissal claim.

At HR Champions, we’ve seen time and again how untrained managers can become a liability simply because they weren’t equipped to handle investigations correctly. That’s why we deliver a cost-effective, one-day Workplace Investigations course, which can be run in-house for all managers and support staff; people you rely upon for note taking, for example. The training equips delegates with the skills and confidence to conduct professional, unbiased, and legally compliant investigations, ensuring that the truth is uncovered and decisions are defensible.

When it comes to investigations, “that’s near enough” just won’t cut it. Whether it’s a national security trial or a misconduct hearing, cases succeed or fail on the strength of their evidence, preparation, and process.

So, before you have a case arise, and it collapses under the weight of uncertainty, make sure your managers are pre-armed and have the skills they need to investigate effectively and fairly already in their arsenal.

Contact HR Champions today to discuss how we can help your organisation develop confident, capable managers who can unearth the facts, not the fiction. Call us on 01452 331331, or complete the contact form.