HR INVESTIGATIONS

HR investigations (most commonly in the context of a disciplinary or grievance case), have always been a feature of good employment practice. However, we are seeing an increase in the use of independent investigations to ensure an impartial process. This is particularly the case in respect to whistleblowing or harassment and bullying complaints, which 
require careful and sensitive handling.

Why instruct a specialist independent investigator?

• Ensures a truly impartial investigation;

• Allows a sensitive handling of personal matters;

• Ensures a fair and robust process which is compliant with the ACAS code and which will stand up to Tribunal scrutiny;

• Takes pressure off the business and the people involved;

• Frees up HR resource;

• Dealt with by experts.

We provide investigation services to employers on an independent basis. Sometimes we are instructed directly by the client; more often, we are instructed by other law firms to investigate on behalf of their clients. Our intention is to make the investigation instruction process as efficient and transparent as possible, whilst at the same time, of course, maintaining exceptionally high levels of service and quality.

The Investigations Team

We believe that we are uniquely placed to provide the best service for employers looking to outsource their investigations. Our dedicated Workplace Investigation unit comprises of;

• An experienced team of employment lawyers who specialise in workplace investigations.

• A team of HR consultants.

• A partnership with Intersol Global, a leading national provider of workplace investigation services.

As a result, we are able to make a team of over 40 experienced and diverse workplace investigators available to you, as well as HR professionals and employment solicitors. Whatever your investigation needs, we can discuss this with you and match you to the right fit of specialist.

The Triage Process

At the outset of receiving instructions we will conduct a triage exercise to assess the correct category for the investigation as below. This process involves assessing the complexity of the investigation and any particularly sensitive or challenging factors (such as sensitive allegations and seniority of witnesses).

Once we have established the correct category, we can determine which investigator is best placed to carry out the investigation and the relevant pricing category it falls into.

Our experience enables us to give appropriate guidance to clients to ensure that we don’t go down any unnecessary rabbit holes and that the investigation remains proportionate.

Once triaged, we will allocate the investigation to one of three categories:

CATEGORY 1
Basic disciplinary or grievance investigations with no complicating factors

CATEGORY 2
More complex disciplinary or grievance investigations including discrimination and/or whistleblowing aspects.

CATEGORY 3
Investigations involving the commission of a suspected criminal offence and/or serious reputational risk to the organisation and/or additional sensitive or complicating factors such as allegations against senior management.

All investigations will be completed efficiently and discretely with due sensitivity where required.

We recognise the value of face to face investigations, especially for sensitive cases. However, we are also pragmatic and have learned that almost all investigations can be carried out effectively using Microsoft Teams or equivalent software. We would always discuss and agree the best approach before embarking on an investigation.

“We are not “tame” investigators who adapt their findings to suit the needs of their clients. Rather, we provide an objective, fact-based assessment of the matters that we have been asked to investigate.”

Conducting a number of sensitive investigations into allegations of discrimination and harassment on behalf of the People Relations Teams of an international film and media company and producing detailed findings and recommendations.

Investigating a manufacturer an extensive grievance brought by an employee who alleged wrongdoing on the part of the MD and CFO, and producing a detailed report, to include findings and commercial recommendations.

Instructed by a national retailer to investigate allegations of sexual harassment against a C-suite director.  The investigation process required interviews with the complainant, the alleged perpetrator and other relevant witnesses, reviewing correspondence including 200 pages of whats app messages and preparing an outcome report with recommendations on next steps, which ultimately resulted in the removal of several employees from the business.

How it works in practice

1. We agree the scope of the investigation with you.

2. We will conduct a triage process at the outset, which will identify the correct category the investigation will fall into (as above).

3. We produce notes of the investigation meetings and review any documentary evidence relevant to the investigation.

4. We interview the relevant witnesses.

5. We compile an investigation report which is compliant with the ACAS Code which will include clear recommendations from the investigator. We do not ‘sit on the fence’. Each investigation report is reviewed by a team leader for quality assurance purposes.
   
   

Here are some anonymised examples of the types of investigations we have completed for clients.