Thorough workplace investigations are critical to an employer’s defence in any employment tribunal proceedings, and future negotiating positions.
A complete and detailed investigation also helps to limit liability and reputational risk, whilst also demonstrating to the workforce that you take such issues very seriously and ensuring much needed buy-in about the process itself.
Our experienced employment team can guide you through each stage in an investigation, including carrying out an initial risk assessment of all the allegations raised, creating a detailed plan of what needs to be carried out, the benchmarks, liaising with experts (including digital forensic experts where necessary), reviewing internal disciplinary procedures and other documents, providing ongoing HR support and training, reviewing and assessing the report, implementing recommendations, liaising with all parties, implementing disciplinary processes if necessary and appeals, and -importantly- carrying out a root and branch review as to whether there are lessons to be learned from the process. This may include reviewing existing policies and training procedures to ensure they comply with best HR standards, and liaising with third parties.
Workplace investigations typically arise regarding allegations of bullying and harassment, sexual misconduct in the workplace, discrimination and whistleblowing.