If you’re thinking about conducting an investigation in your organisation, it’s likely you’re in the midst of a very difficult situation; relations between two or more colleagues have fallen apart and the idea of actioning a formal procedure (possibly heading towards tribunal) fills you with unease.
Chances are you may also be entering into unfamiliar territory, you don’t know who’s ‘right’ and who’s ‘wrong’, and just want to get out of these muddy circumstances.
Many HR specialists and line managers are left with questions (and misconceptions) about the whys and hows of workplace investigations, and all this can lead to feeling quite immobilised so we’ve put together some tips which we hope will make things a little easier for you:
- “Are workplace investigations like police investigations?”
- “My impression is that investigations are heavy, final and create negative feeling. Is that true?”
- “I know I need the report as a formality but will it actually do anything?”
- “Our situation is more complex than most - can you still help?”
- “Will your investigator be sensitive to the delicacy of the situation?”
- “Do I have to wait until a grievance has been raised before I can conduct an investigation?”
- “Do I have to choose between conducting the investigation in-house or using a third party?”
- “Our culture is very specific - how do I know you'll understand it?”
- “What happens if we would like to decide whether the allegation is upheld or not?”
“Are workplace investigations like police investigations?”
Both types involve an initial hunt for evidence, but while police investigations polarise, criminalise and have life changing consequences for those involved, workplace investigations do not place any blame or label the parties ‘innocent’ or ‘guilty’. They are constructive, not damaging.
“My impression is that investigations are heavy, final and create negative feeling. Is that true?”
An investigation might seem like a grim formality but they do in fact clear the air, clarify the situation and empower the line manager to take appropriate action. Our singular goal is to help you get a handle on the situation, by knowing the facts and releasing you to take a clear course of action.
More often than not, the parties have to continue working together afterwards so your next steps might be to give someone training, or a warning, reassure the complainant they weren’t being discriminated against, or make the decision yourself as to whether the allegations are upheld or not.
“I know I need the report as a formality but will it actually do anything?”
People Resolutions’ investigations reports are a lifeline document for you. Far from being critical, the investigator is driven to finding the truth and, if requested, taking on the significant responsibility of concluding whether the allegation is upheld, not upheld (or possibly that there is not sufficient evidence either way).
Armed with the facts in the report, knowing why the situation really happened, clear next steps will emerge.
“Our situation is more complex than most - can you still help?”
The first step for our investigator is to unscramble the allegations; there may be more than one in a case and we handle each one completely independently, so that you have the fullest picture and can make sure you act on each in the most appropriate way.
“Will your investigator be sensitive to the delicacy of the situation?”
We ensure that our investigators’ are not only capable of seeking the truth and producing the report, but in carefully dealing with the parties, calming them and not letting the situation escalate further.
We diffuse the situation by giving both parties the chance to have their say and know that they will be represented in the report absolutely without prejudice or bias. Our view is always that the respondent has had their behaviour questioned, nothing more.
“Do I have to wait until a grievance has been raised before I can conduct an investigation?”
If you have any concerns that an issue is developing between employees (and have ruled out mediation as an alternative course of action), you can investigate at any point to get to the bottom of the situation, with the chance to resolve it before it gets out of hand.
“Do I have to choose between conducting the investigation in-house or using a third party?”
We appreciate that for budgetary reasons, or perhaps due to the highly specific culture of your business, you need to look internally to lead an investigation. Without the sure-footedness of a professional, and their knowledge of what standards are set across other UK organisations, this does carry the risk of not emerging with the right conclusion, or being accused of bias.
To minimise the risks, we offer an Investigator Support Service whereby one of our experts supports your internal investigator through the process until they are proficient. We can even take care of the full training, but if they are already up to speed, the mentor service is simply a case of co-mediating for the first few cases, even proof-reading and note-taking to take some of the weight off the enormous responsibility. It’s an ideal hybrid solution that adds validation to your internally led approach, and one that many of our clients adopt once we have trained their member/s of staff.
“Our culture is very specific - how do I know you'll understand it?”
Our investigators are security vetted to work in sensitive environments, and come from all backgrounds so we can source someone of a particular ethnicity if it is more appropriate. Or you can have an internal representative involved in the investigation to make sure it is being conducted in the way that your business requires.
“What happens if we would like to decide whether the allegation is upheld or not?”
A straightforward Fact Find investigation simply sets out to establish the facts of the case, nothing more, leaving the door open for you and all parties to find a way forward. Our Full Analysis will come to a conclusion that you can compare against your own for a more watertight validation.
To understand more about how investigations work and have your own questions answered, let us come to you with a free one-hour Conflict Clinic, a mini workshop for you and your colleagues to get a handle on the conflict management process - what you can and should be doing to plan for, prevent and manage conflict. Call Carly on 0800 6125 110 or email
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to book your slot.