In previous articles, Head of HR Services Nathan Andrews has discussed the benefits of workplace investigations and outlined how to go about conducting one.
But handling a workplace investigation is time consuming and, often, HR professionals don’t feel that they are trained to take on such work.
So...
When should you do a workplace investigation?
We would always recommend that any workplace matter that could require formal action to be taken should be investigated before such action is taken.
This is particularly important in situations involving disciplinary or grievance matters, which could include:
- Complaints about bullying, harassment, discrimination, or alleged breaches of health and safety regulations.
- Allegations of misconduct or concerns regarding capability.
Consider whether the issue can be dealt with informally in the first instance as, if it can, it removes the need for undue processes and allows things to be resolved quickly.
With that being said, there is no 'one-size-fits-all' answer to this question. If you are uncertain about how to handle a particular matter in your workplace, and whether it should be investigated, we would recommend speaking to an Employment & HR professional.
Related: How to conduct Disciplinary Procedures - Advice for Employers
What is an independent workplace investigation?
An independent investigation is one where the investigating officer has been appointed from outside of the organisation.
Independent investigators are usually an external professional such as an experienced HR Practitioner or Employment Solicitor / Lawyer / Barrister that can be instructed to carry out the investigation on your behalf.
Related: Workplace Investigations - Advice for employers and HR professionals
Why is an independent investigation important?
Workplace investigations can often be time consuming, especially when investigating complex matters, and organisations do not always have the time or expertise in-house to conduct them properly. When there are complex matters at play, the specialist expertise of a professionally trained investigator can be invaluable.
Another reason why you might turn to an independent investigator is because they remove bias from the situation. An investigator with no stakes in the outcome of the investigative process will ensure a fair outcome based on facts and robust evidence.
This can be of huge benefit to an employer, as any outcome is less likely to be criticised and you can maintain the trust and confidence of your workforce.
Related: What is the burden of proof in HR investigations?
What are the benefits of third-party investigation?
Although instructing a third-party investigator will come at a cost, doing so will save the significant potential costs of training and upskilling line managers to be able to conduct investigations themselves.
Hiring an external investigator to conduct an independent workplace investigation is also likely to provide all parties concerned with greater confidence in the investigative process and the outcome; reducing the likelihood of claims arising after any decision is made.
If things do end up going to court, it would be much easier to defend an investigators external process in legal proceedings as opposed to a decision that was made internally; as it would be difficult to argue that bias would have played a part in an independent investigative process.
Related: The Dos and Don'ts of Workplace Investigations
When should an investigation be handled by a third-party?
There are number of reasons why an employer might want to appoint an independent investigator to carry out workplace investigations on their behalf. While this is not an exhaustive list, some of the more typical reasons we see include:
- The people who would usually be responsible for the conduct of investigations are in some way involved in the matter to be investigated and therefore conflicted;
- If the situation to be investigated is unusually complex or sensitive. This can mean that the organisation does not have the specialist skills in house to handle the investigative process.
- Due to workload issues, the organisation does not have the resource internally to dedicate to handling the investigative process;
- The matter is considered to be sensitive, and an independent investigator is required to ensure that everyone concerned has faith in the investigative process and is less likely to challenge the outcome.
Related: What are the steps involved in a workplace investigation?
Do I need a solicitor for a workplace investigation?
Although you don’t necessarily ‘need’ a solicitor, lawyer, or barrister to conduct a workplace investigation; it is certainly recommended.
A credible investigator with appropriate training and experience will be able to maintain a professional level of impartiality, follow best practice, ensure that your organisation is legally compliant and assist in especially complex cases with expertise and thorough documentation.
Above all else, instructing a good investigator ensures a fair investigation, allowing your organisation to address issues effectively and maintain trust with staff.
Why choose Frettens?
At Frettens, our specialist Workplace Investigation Team prioritises honesty and meticulous attention to detail. We won’t tell you what you want to hear; we’ll tell you the truth and provide all the facts you need to make a sensible, informed decision.
Our investigators are professionally trained, experienced, accredited and operate in a regulated sector, specialising in legal procedure, investigative interviewing, report writing and investigative practice.
By choosing Frettens, you benefit from a team dedicated to providing clarity and detailed analysis, empowering you to make confident decisions and maintain a fair and compliant workplace.
If you would like to speak to one of our professionals, you can call us on 01202 499255, or fill out the form at the top of this page, for a free initial chat.
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