Workplace Investigation Process

Workplace Investigations: A Thorough and Fair Process.

As a boutique employment law firm, Kilgannon & Partners offers you a distinct approach that guarantees our independence and autonomy, ensuring that our investigation reports are beyond challenge on grounds of impartiality.

This gives you the confidence that decisions based on our findings should withstand scrutiny. In our investigations, we are meticulous in our approach and record keeping. We interview all relevant witnesses, providing them with a secure environment to discuss sensitive or difficult issues, including those involving senior colleagues. We ensure that all evidence is stored securely, and every piece of documentation reviewed is logged and identified in our report.   This transparency allows all parties to understand the information we have considered during our investigation.

We recognise the paramount importance of conducting workplace investigations with strict adherence to legal compliance and the ACAS Code of Practice. Our process is systematic, impartial, and fair, maintaining the highest standards of integrity and professional practice.

Investigation Procedure

Commencement Phase

• Initiation and Engagement:
• The process begins with us understanding, confidentially, what is involved; what type of investigation is required, how much evidence there is to date, how many witnesses have been cited and whether there are any urgent time pressures.
• We will send an engagement letter to you setting forth the scope of services and likely fee estimate.

Initial Actions Phase

• Complaint Assessment:
• An immediate preliminary evaluation is carried out to ascertain the seriousness and veracity of the allegations, deciding if instant action is necessary to protect any individuals or the investigation’s integrity.
• Strategic Planning:
• A customised investigation strategy is developed, outlining the investigatory steps, necessary resources, an indicative timeline, and compliance with legal and regulatory frameworks.
• Investigative Team Allocation:
• A team of legal and/or HR specialists is appointed, selected for their specific skills pertinent to the nature of the complaint.
  

Framework Establishment Phase

• Document Control and Examination:
• All relevant contracts, personnel files, and company policies, as well as previous related incidents, are examined. A secure electronic filing system for document control is put in place to handle the evidence.
• Key evidence Identification:
• We identify essential interviewees, including the complainant, the accused, witnesses, and any other relevant individuals.
• We also identify what other evidence may be required, whether emails, other messages (slack, WhatsApp etc), meeting notes or CCTV.

Investigation Phase

• Interview Process:
• Comprehensive, structured interviews are conducted, where possible, in line with a standardised interview framework to ensure uniformity. The interview process is scrupulously documented, respecting the rights of all interviewees throughout.
• Evidence Collection:
• Electronic data, access logs, CCTV footage, and any other pertinent evidence is amassed.
• Ongoing Risk Appraisal:
• Risks are continually appraised during the investigation, with actions taken to mitigate any potential detrimental impacts on individuals or your organisation.
  

Analysis and Review Phase

• Evidence Assessment:
• The lead lawyer will thoroughly analyse all the evidence in relation to the allegations, seeking patterns, inconsistencies, and confirmation from different sources.
• If there are any gaps or matters that require further investigation or clarification, steps will be taken to complete the investigation phase.

Reporting Phase

• Investigation Report Drafting:
• A detailed report is composed, summarising the allegations, the investigative method and evidence.
• Legal Review and Assurance:
• The draft report undergoes a stringent legal examination and quality assurance check before completion.
• Findings Presentation:
• The final report is disclosed to you.  If necessary, this can be done in a meeting where the report can be elaborated upon, and any enquiries are addressed.
• The report and evidence, if lengthy, can be presented as a OCR (searchable) pdf; the format required by Judges where pages will be numbered and the index hyperlinked.

Documentation and Record Retention

• Secure Documentation Archiving:
• All documents pertinent to the investigation, including the report, are securely archived for at least, six years.

Through this detailed process, Kilgannon & Partners ensure that each workplace investigation is executed with thoroughness, legal conformity, and an adherence to principles of independence, fairness and integrity.