Workplace investigations are a key element of effective people management and are daily conversation point between us and our clients. Properly run, they form an essential part of maintaining fairness, trust, and a healthy work environment.

Whether for dispute resolution, to address allegations, or comply with legal and policy obligations, conducting thorough and effective investigations is crucial for business continuity and employee confidence. A poorly conducted investigation on the other hand can produce a raft of unwanted outcomes, not least the added time and expense of pulling it all apart and attempting to fix any damage done with employee trust.

Let’s go through the whole process…

When

Workplace investigations may be necessary for a variety of reasons, including but not limited to:

• Allegations of Misconduct: Situations involving harassment, bullying, discrimination, or other forms of inappropriate behaviour.
• Grievances: Employee complaints regarding unfair treatment, conflicts with colleagues or managers, or unsafe working conditions.
• Disciplinary Issues: Cases where an employee is alleged to have breached company policies, such as attendance issues, theft, or misuse of company property.
• Compliance Concerns: Potential violations of industry regulations or legal standards that must be addressed to avoid liability such as safeguarding.

In each of these scenarios, conducting a fair and impartial investigation is necessary to maintain trust within the workplace and avoid potential legal issues.

Who

The individual or team conducting the investigation should be impartial and sufficiently trained to ensure a fair and objective process. Depending on the size and resources of the organisation, this could be:

• An HR professional or dedicated investigation officer: Often preferred for larger companies where specific roles are in place.
• A senior manager or supervisor: In smaller businesses, managers may take on this responsibility if they have been trained appropriately and do not have a conflict of interest.
• An external investigator: Engaging an external organisation can add objectivity and credibility, especially for complex or high-risk cases.

How

Having a consistent approach and methodology will help keep investigators on track. It will also help if other members of staff are required to pick up any part of the investigation.

1. Initial Planning and Notification: Once a potential issue is identified, the first step is to plan the investigation. This includes defining the scope, identifying who needs to be interviewed, and collecting relevant documents and evidence. The subject of the investigation should be informed, and if appropriate, any relevant parties involved.
2. Conducting Interviews and Gathering Evidence: The investigator should conduct interviews with relevant parties, ensuring that these are done in a confidential and respectful manner. Platforms such as Zoom and Teams is acceptable. Detailed notes should be taken to maintain an accurate record of what was said. Recording interviews is commonplace these days but all parties must agree that recording is acceptable. The advantage of this is that modern software can produce a transcript of the conversation. Gathering documentary or digital evidence that supports or refutes the claims is also vital for reaching a sound conclusion.
   
   
3. Objectivity and Fairness: Ensuring impartiality throughout the investigation is critical. The investigator should avoid leading questions or showing any bias, focusing solely on the facts presented.
   
   
4. Writing the Report: Once evidence is gathered, the investigator should compile a comprehensive report that includes:
   1. A summary of the allegations
   2. The evidence collected
   3. A timeline of events
   4. The Interview findings
   5. A conclusion based on the evidence
      
      The report should not only document the findings but also offer recommendations on potential next steps, which could range from disciplinary action to policy changes.
      
      
5. Drawing Conclusions and Making Recommendations**: Conclusions should be based on evidence, not assumptions. Recommendations might involve remedial action, changes in policies, or training for individuals involved.

A poorly managed investigation can lead to numerous problems, including:

• Legal and Financial Risks: If the investigation is mishandled, the business could face tribunal claims, leading to potential fines and damages.
• Reputational Damage: Mishandling sensitive issues can harm the reputation of the business, leading to decreased trust among employees and potential public fallout.
• Lower Employee Morale: Employees who feel that their grievances are not taken seriously or that processes are unfair will have lower engagement and loyalty to the organisation.

Booking an external company like HR Champions to carry out your workplace investigations can provide an additional layer of objectivity and expertise. External investigators bring impartiality, which can be especially valuable in cases involving senior staff or when internal resources are limited. They also often have deep experience in handling complex situations and can complete investigations more efficiently, reducing disruption to business operations.

Despite the benefits of external firms, in-house investigations can be effective when managers are properly trained. Consistency in how investigations are conducted ensures fairness and helps build trust in internal processes. Managers who are equipped with the right skills can often handle straightforward investigations effectively, maintaining continuity and reducing costs.

Our own Investigation Skills Workshop covers essential investigation skills, including effective interviewing, evidence gathering, unbiased reporting, and familiarity with legal obligations. This investment can lead to a team of capable managers who can conduct investigations confidently and competently.

Poorly conducted investigations not only risk potential legal and financial repercussions but can also damage employee morale and trust. So Investing in training for managers to conduct workplace investigations can save significant time and effort in the long term. By equipping managers with the skills needed to handle investigations properly, businesses can create a culture of accountability and fairness, ensuring that issues are resolved swiftly, effectively and cost efficiently. Contact us for more information about our in-house Investigation Skills training, and if we receive enough interest we’ll run an open course. Contact us for more information on 01452 331331 or via our contact page.