Workplace Investigations: Why Does Impartiality Matter?

It may seem that there is an obvious answer to this question, but in some cases appointing a truly impartial investigator can assume secondary importance to other business priorities. The financial costs in setting up and running a thorough process (particularly if an independent external investigator is appointed), the HR and management time involved in collating evidence and the anticipated disruption in the workplace can lead to a temptation to cut corners.  

However, impartiality in workplace investigations is not just a desirable trait; it's fundamental to the integrity of the process, which in turn serves to minimise legal and reputational risk. Here's why:

1. Ensuring Fairness:

The core of any investigation should be fairness (both in reality and in perception). An impartial investigator contributes to ensuring that all parties involved feel that their side of the story is heard without bias. This is crucial for maintaining trust within the workplace and ensuring that an organisation lives up to its stated values.

2. Legal Compliance:

The principles of natural justice are often cited but not always understood. In their most basic form, they require a workplace investigation to be free from bias and afford individuals accused of wrongdoing the right to a fair hearing. In the UK, for instance, employment tribunals expect investigations to be conducted with procedural fairness, which includes appointing an impartial investigator. Failure to do so can result in claims arising from a defective grievance, disciplinary or whistleblowing investigation, such as unfair dismissal or discrimination.

3. Avoiding Conflicts of Interest:

Impartiality helps in avoiding conflicts of interest. When an investigator has a personal or professional stake in the outcome, their judgment might be clouded (or seen to be clouded). This can be particularly problematic when investigations involve senior management or when the investigator has a close professional or personal connection with one or more of those involved.

4. Credibility of Findings:

The credibility of an investigation's findings largely depends on the impartiality of the process. If stakeholders believe the investigation was conducted impartially, they're more likely to accept the outcomes, even if they're unfavourable.

5. Cultural Impact:

An impartial investigation process fosters a culture of accountability and transparency. It sends a message that the organisation values truth over convenience or favouritism, which can contribute to strong employee morale and reduce fear of retaliation for reporting issues.

6. When to Seek External Investigators:

 Given the importance of impartiality, there are scenarios where there is value in appointing an external independent investigator:

• High Stakes: When the investigation could lead to significant legal action or affect the company's reputation significantly.
• Internal Bias: If there's a perceived or actual conflict of interest within the company that might preclude an otherwise appropriately-skilled internal person from acting as an investigator.
• Senior Management: For cases involving one or more of the senior management team, it can be difficult to find an internal investigator who is able to make robust findings free from the perception of undue influence or the fear of retaliation.
• Complexity: For cases requiring significant experience of collating and analysing evidence, where the relevant skill-set may not be available internally.

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 13.07.24