Workplace Investigations and Hearings

A workplace investigation is a formal fact-finding exercise  to obtain the information and facts surrounding a serious issue, allegation or disciplinary matter within your organisation. It helps employers make informed decisions by thoroughly examining incidents like misconduct, grievances, performance issues or compliance breaches. It includes understanding the issues, obtaining witness and documentary evidence and compiling a report detailing the findings.

Employers should always respond in a reasonable time frame in response to a complaint or grievance or in conducting a disciplinary investigation.  Many organisations have policies and procedures which provide timescales which should be adhered to and which should also be in line with the ACAS Code on Disciplinaries and Grievances, where any disciplinary or grievance issue should be dealt with “promptly” and “without unreasonable delay”.

The length of an investigation will be dependent on the complexity of the issue, the availability of witnesses and accessing documentation. Typically, investigations can range from days to weeks. However, it is essential to keep the employee updated on the timescales.

An independent investigator ensures the investigation is impartial and unbiased, especially in complex or sensitive cases. This approach enhances credibility, promotes fairness, and can help prevent conflicts of interest.

Factors in deciding whether to appoint an in house or external investigator may include:

• Smaller businesses may not have sufficient resources (time, training, experience, impartiality) to be able to undertake a thorough investigation
• Many individuals feel more open to discuss issues with an external investigator rather than someone who works in the business and is perhaps considered “biased” by the employee
• Serious allegations, such as bullying, sexual misconduct/harassment and discrimination made against senior employees may be more appropriate for an external investigator
• Allegations of disability discrimination may require a specialist with knowledge of employment law
• External investigators are often used where there would otherwise be insufficient people left to deal with the hearing and any appeal
• The time it will take senior managers out of the business to be involved in the investigation

Yes, we have experience handling a variety of workplace matters, including disciplinary grievance and performance issues. We can also deal with harassment allegations, whistleblowing, compliance concerns, and serious incidents that require in-depth investigation.

After seeking formal instructions from the organisation and the scope of the investigation, we will take the following steps:

1. Preparation – set out in writing the issues to be investigated and identify the evidence which needs gathering – including witness and documentary evidence, CCTV etc
2. Interviews – interview the relevant parties and witnesses
3. Gather evidence – which will include finalising witness evidence and collating all evidence
4. Report the investigation and findings – Prepare an investigation report with recommendations
5. Timescales – at all times keep the relevant parties up to date with timescales.

Each investigation will depend on the facts and complexity. We are happy to discuss this with you. Please contact us for further information and a quote.

Please get in touch to speak to one of our employment solicitors at 0330 111 3131