Passionate About Your People

HR investigations (most commonly in the context of a disciplinary or grievance case, but more frequently in relation to whistleblowing or harassment and bullying cases) require careful and sensitive handling. All parties in the case (whether the complainant, the accused or a witness) deserve to be treated with respect and it is essential that the investigator approaches the investigation with an open mind. Whilst you don’t have to adopt a “leave no stone unturned” mentality, you do need to adhere to principles of reasonableness. Knowing where to draw the line can be tricky.

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 Reason to Outsource a Workplace Investigation

There are a number of reasons why organisations outsource an investigation; you may not have a dedicated HR resource to deal with the matter. Or, if you do have an HR team, they may not have capacity to deal with a potentially long investigation. Importantly, we are regularly asked to carry out a workplace investigation where the matter is particularly sensitive, or where the employee has made allegations of bias previously against HR/management.

The Investigation Team

We have a dedicated Workplace Investigation unit which is supported by a team of experienced HR consultants. Additionally, our team of investigators work in 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.

Our Investigations Approach

We are experts in our field. We are not simply employment lawyers who are being asked to investigate an incident, we are trained and experienced in dealing with complex workplace investigations. This involves a particular skill set which is different from the skills we use when we run a case for a client. We ensure that the investigation is free from bias, fair, thorough and objective.

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.

Given the nature of our wider work, you can be confident that our approach is legally compliant and in line with the ACAS Code.

“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.”

We recognise the value of face to face investigations, especially for sensitive cases. However, we are also pragmatic and have learned during the pandemic 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.

How it works in practice

We agree the scope of the investigation with you.

Given the varied nature of workplace investigations, we have developed a structure for clients which provides transparency of cost depending on the nature of the investigation. We will assess the complexity at the outset and let you know 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.

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

We interview the relevant witnesses.

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.