Employment & HR: Investigations  

Recently, you may have seen several allegations against high-profile figures making headlines, highlighting the importance of conducting successful investigations. These can involve grievance investigations, disciplinary investigations and other forms of investigation in the workplace. 

Dealing with the intricacies of workplace investigations can be fraught with difficulties. For many employers, the decision to appoint an external investigator, rather than handling the investigation internally, can offer a range of benefits, as detailed below: 

Impartiality  

An external investigator can approach the case with a completely neutral perspective, ensuring that the investigation is carried out fairly and impartially. This can avoid the perception of bias and reduces the likelihood of the findings being successfully challenged.  

This impartiality fosters trust in the process and ensures that the investigation is seen as legitimate and thorough because interested parties need to have confidence in the findings. 

Expertise  

External investigators typically specialise in workplace investigations and are often highly skilled in identifying issues, conducting interviews, testing and analysing evidence. 

If investigations are not handled properly, there can be serious legal, financial and reputational consequences for the business. For example, ACAS states that it is highly recommended that when handling grievances, anyone appointed as an investigator should be trained in the relevant area wherever possible.  

Engagement  

Employees are more likely to co-operate and speak candidly when disclosing information to an independent investigator, who is perceived as neutral and independent with no personal stakes in the outcome.  

Disruptions 

External investigators dedicate their time to conducting investigations, selecting the interviewees, contacting them and setting up an appropriate and supportive communication approach. Managing investigations discreetly and independently can minimise workplace disruptions and allow business operations to continue as smoothly as possible. 

Taking into consideration the above pertinent points and the fact that investigations can take up a lot of management time, please feel free to reach out to our Employment & HR team here at Berry Smith. The team are experienced in dealing with all types of workplace investigations and could therefore either take charge of any internal investigations, or provide the relevant legal advice in the background, if you would prefer. Please contact us at 029 2034 5511 or employment@berrysmith.com if we can be of assistance.  

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