Sensitive workplace issues such as allegations of bullying, discrimination complaints, policy breaches, or whistleblowing require very careful handling and can expose employers to significant risks.  If not managed properly, they can give rise to legal claims from employees who may be the alleged victims of poor treatment, or alleged perpetrators who have been dismissed without a fair process.  Litigation is expensive, takes up valuable management time and often results in reputational damage, win or lose. A prompt and thorough workplace investigation is an essential tool in mitigating these risks and allowing businesses to make informed decisions. 

Why are Workplace Investigations Important? 

• Legal Compliance: Employees in the UK have legal protections from discrimination, unfair dismissal and detriment where they raise concerns about potential unlawful activity. Therefore, it is incumbent on employers to address grievances, misconduct allegations or whistleblowing concerns in a timely and fair manner. The first (and often most important) step in ensuring legal compliance is to conduct a thorough fact-finding exercise into the relevant issues. 
• Objective Decision-Making: Thorough investigations establish facts based on the available evidence, which helps employers make well-informed decisions regarding potential disciplinary action, policy improvements to prevent repeat occurrences, or other necessary remedial steps.   
• Protecting Reputation: A well-managed investigation can reduce the risk of negative publicity and demonstrate an employer's commitment to a respectful work environment and supportive culture. 

Five Characteristics of a Well-Managed Investigation 

• Timeliness: Addressing potential misconduct or grievance issues promptly is important. Undue delays can hinder evidence gathering, damage employee trust and increase legal and reputational risk. 
• Impartiality: An unbiased and experienced investigator, whether internal or external, lends credibility to the quality of the investigation and its independence. 
• Scope: The investigation must be appropriately scoped, to ensure that the investigator is clear on what issues are to be considered and what precisely they are been asked to do. 
• Evidence: The investigator should be given access to all relevant documents and potential witnesses, to enable them to gather the necessary evidence and conduct comprehensive interviews, before making informed findings of fact (and, if required, recommendations on next steps)  
• Reporting and Recording: The investigator should make accurate, detailed records of any witness interviews and set out their findings in a detailed, well-reasoned report which fulfils the brief set out in the investigation scope.. 

Why Choose Our Firm for Workplace Investigations 

Kilgannon & Partners brings specialist knowledge and experience to workplace investigations. Our expertise in UK employment law ensures that investigations are: 

• Legally Sound: We are experienced in managing investigations in line with employment law, ACAS guidance and best practice. 
• Impartial and Objective: Our skilled investigators are completely independent and experienced in analysing evidence and establishing the facts without bias. 
• Efficient and Sensitive: We understand the need for speed and sensitivity in these matters, and are used to working to tight deadlines. 

Protecting Your Business, Protecting Your Reputation 

Ignoring workplace problems is never a solution. Invest in a proactive approach by partnering with us, ensuring that potential workplace disputes, disciplinary issues and whistleblowing concerns are handled in a legally compliant and effective manner. 

Our expert employment law solicitors all have many years’ experience advising individuals who are in your position. We will be able to guide you through the process and to help you secure the best possible outcome.

We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice 07.07.24