Frequently Asked Questions

A workplace investigation in the UK is a formal inquiry into allegations or suspicions of misconduct, harassment, bullying, discrimination, or other inappropriate workplace behaviors.

An investigation is necessary whenever there are credible allegations that, if true, would constitute a breach of company policy, employment law, or both.

An investigation can be conducted by a trained internal member of the organisation, an HR professional, or an external third party such as a law firm specialising in employment law.

Yes, employers have a duty of care to their employees and a legal obligation to investigate certain complaints such as discrimination or whistleblowing allegations.

Investigations should be initiated promptly, with a clear scope and terms of reference, after receiving a formal complaint or becoming aware of potential misconduct.

Employees have the right to be treated fairly and without bias, to know the allegations against them, to be given an opportunity to respond, and to be accompanied by a representative at formal meetings.

An employee can be suspended if it is necessary for the investigation, but it should be on full pay and not as a disciplinary action.

The standard of proof is typically the 'balance of probabilities', meaning it is more likely than not that the alleged conduct occurred.

Confidentiality should be maintained throughout the investigation to protect the interests of all parties involved and to preserve the integrity of the process.

n investigation report should include a summary of allegations, details of the investigation process, evidence considered, findings, and recommendations for further action.

Yes, if an employee feels the investigation was flawed or biased, they may challenge the outcome through internal procedures or, ultimately, at an employment tribunal.

If misconduct is confirmed, appropriate disciplinary action can be taken, ranging from a verbal warning to dismissal, depending on the severity of the misconduct.

Findings are usually kept confidential, although a summary might be communicated to relevant parties as necessary.

If allegations are unfounded, the investigated employee should be informed and efforts made to restore their reputation if it was damaged.

The length of an investigation varies depending on complexity but should be completed in a reasonable and timely manner.

Detailed records of all interviews, communications, and findings should be kept securely in compliance with data protection laws.

The ACAS Code of Practice provides guidelines on disciplinary and grievance procedures that employers should follow, including during investigations.

Yes, parties can agree to a settlement to resolve the matter, often facilitated by ACAS through a COT3 agreement or a settlement agreement.

Whistleblowing investigations involve reports of wrongdoing in the public interest and have additional legal protections for the whistleblower.

Employees are generally expected to cooperate with investigations, and refusal could be a disciplinary matter, although specific circumstances, such as health issues, should be considered.