Our investigations follow a process flow that is designed to comply with ACAS guidelines. The overall flow of a workplace investigation we conduct is as follows:
This step is typically carried out by HR professionals within the organisation itself prior to engaging us. It starts when a situation is brought to the attention of HR that might require further action.
Once we are engaged, we will partner with your HR professionals on drawing up the investigation strategy. This will follow the outline steps below:
Interviews should be conducted in a private setting, whether in a meeting room within the individual’s usual place of work or online. We recommend that interviews are always conducted face to face (in-person or on video), especially with interviewees that are central to the investigation. Where it is genuinely impractical to meet in person, an interview can be conducted via a conference call.
In addition to evidence provided with the original materials at the start of this process, it is not unusual for information to come to light during the interviews that suggests other items of evidence that should be gathered.
Once the active phase of the investigation has concluded (i.e. all the interviews have been completed, all available evidence considered and any open questions addressed) we produce a comprehensive and detailed report with our findings and, where appropriate, any recommendations. This typically includes:
Once we have completed the report, it will be delivered back to you (or the member of your HR team working with us). We would discuss the outcome and any recommendations and then it can be delivered to the relevant stakeholders.
In most cases, individuals may have the right to appeal against the outcome of an investigation. For example, if a grievance is not upheld then the employee raising that grievance may wish to appeal against that finding.
There must be reasonable grounds for an appeal. For example, that new evidence has come to light or that the investigation missed some key area. The appeal must also be lodged within a reasonable time frame after the investigation outcome has been delivered.
It is important to note that individuals tend to have a lot at stake in the outcome of an investigation. In the case of grievances, most employees have significant emotional investment in the situation that led to the grievance as well as a strong belief in the merits of their complaint. For these reasons, appeals are very common!
We are experts at grievances, disciplinary issues and the associated investigations. We can help reduce the risk of conflict and limit your exposure at any future Employment Tribunal. If your matter requires legal advice or representation, we can help with that too.
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