We always approach investigations from a neutral point of view and apply a rational, structured approach to the investigative process. This is important because most investigations stem from situations that involve multiple issues, claims or allegations.
These often overlap; it’s rare to find an issue that is entirely self-contained. Also, the individuals that will be interviewed as part of the investigation are all stakeholders in the outcome, with opinions and agendas that can vary.
For example, an employee who has raised a grievance has usually done so because they genuinely believe in their cause. This means that they are emotionally invested in the outcome. Similarly, other persons named in the grievance will have a vested interest in the outcome, especially where there are allegations against them.
As a result, an investigation can be faced with a complicated web of claim, counter-claim and contradictory narratives. We use our experience as impartial investigators to uncover the facts of the matter and deliver a finding based on the balance of probabilities.
You are under no obligation to use an independent, external investigator. However, there are some circumstances where it might be beneficial.
An external investigator can help if there are insufficient resources available within the organisation with the appropriate experience and skills to carry out the investigation.
Ideally, an internal investigator should be someone with no personal or working relationship with any of the individuals subject to the investigation. This can sometimes be tricky if the workforce is small, or if one of the actors in the investigation is a senior individual that everyone knows.
Alternatively, it could simply be that the investigation is complex. It may involve multiple interrelated issues and a number of individual interviews may be required. You may not have anyone with sufficient bandwidth to take on such an investigation with the required diligence and focus.
Some matters may involve senior members of staff, especially upper management or other prominent figures of power and influence within the organisation.
In these cases, it may be difficult to find an internal investigator who can conduct a completely impartial investigation without the status of the individual influencing them.
You may wish to use an independent investigator for such situations because they’re unrelated to the employer or management structure. If you do, it may help reassure the employee that their matter is being handled with genuine impartiality. The employee can see that the investigator is under no pressure to defend any of the parties involved. Therefore, the employee is less likely to allege that the investigation was prejudiced or that the company “closed ranks”.
There are likely to be conflicting viewpoints expressed within interviews and individuals key to the investigation may have a lot at stake in the outcome. It is therefore essential that all parties recognise the investigators as fair and impartial, so that the outcome can be accepted by all concerned.
Most grievances and disciplinary situations hold significant emotional investment for the employee concerned and often involve multiple issues. We take a calm, rational and structured approach to the investigative process.
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Our investigators are skilled at establishing rapport and encouraging communication. We follow a process flow that is designed to comply with Acas guidelines and help ensure your outcomes are legally robust.
Learn MoreWe are experts at grievances and the associated investigations. If you need assistance managing an employee grievance, especially if it is of a sensitive nature, we can help.
Sometimes you can anticipate a potential conflict, for example if you have to deliver bad news. Don’t wait for the problem to boil over, talk to us in advance and plan your approach.
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 have trusted employment law partners we can refer you to.
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