Workplace Investigations
A workplace investigation must be fair, impartial and well-structured. When mishandled, it can lead to legal claims, reputational harm, and a loss of confidence across the organisation. Employers need a reliable approach that is thorough, defensible, and compliant with internal procedures and employment law.
Workplace investigations help employers understand what happened so they can make informed, fair decisions. Such investigations may be needed in cases involving misconduct, bullying or harassment, discrimination, fraud, safeguarding concerns, breaches of policy, or disputes between employees.
An impartial, structured investigation protects the organisation by ensuring decisions are based on evidence rather than assumptions.
A proper investigation can also help to demonstrate that the employer has acted reasonably and in accordance with internal procedures.
Investigations form the foundation of any disciplinary, grievance, capability or dismissal process. If such an investigation is rushed, biased or incomplete, employers face increased legal risk, reduced employee trust, and broader cultural impact. With a clear framework and the right support, investigations can be carried out efficiently and compliantly.
What Is a Workplace Investigation?
A workplace investigation is a structured inquiry into the facts and circumstances of an issue so the employer can make a fair and informed decision. The process involves gathering evidence, interviewing relevant parties, and assessing information impartially and confidentially. Independence and proportionality are key to ensuring the investigation is both fair and defensible.
Investigations may relate to misconduct, bullying or harassment, discrimination, fraud, safeguarding issues, breaches of policy, or interpersonal conflicts. Whatever the context, employers must be able to demonstrate that they acted reasonably before making decisions that affect employment.
A well-executed investigation reduces legal risk and supports consistent, evidence-based decision-making and outcomes. These investigations commonly fall into several categories, including:
Misconduct investigations
Grievance investigations
Discrimination allegations
Harassment or bullying cases
Fraud & misconduct investigations
Independent investigation support
How Can David Help as Your Workplace Investigation Lawyer?
David supports employers in conducting workplace investigations that are fair, thorough and compliant. He advises on how to plan and scope out the investigation, gather evidence, interview witnesses, and document your findings in a clear and defensible format.
In sensitive or high-risk cases, David can act as an independent investigator, providing impartiality in matters involving harassment, discrimination, fraud, safeguarding concerns or conflicts of interest. His involvement should help ensure that the process is balanced, procedurally sound, and aligned with legal and organisational requirements.
Following the investigation, David advises employers on appropriate next steps, whether disciplinary action, mediation, capability processes or no further action are required, ensuring decisions are rooted in solid evidence and compliant with good practice and internal policy.
Effective investigations typically require attention to core elements, including:
Scope of investigation
Independent oversight
Sensitive case handling
Obtain early legal advice before commencing a workplace investigation, ensuring the methodology and process are sound before you start. Setting the correct approach from the outset will protect your organisation and support defensible decision-making. For clear, structured guidance on conducting a fair and compliant investigation, contact David today.
Why Choose David for Workplace Investigations
David brings clarity and structure to even the most complex investigations. Drawing on more than 35 years’ experience advising employers on their investigations, he understands how sensitive and time-critical these matters can be, and how easily procedural missteps can lead to legal and reputational consequences.
He conducts and supports investigations that are impartial, proportionate and thoroughly documented, ensuring they align with internal policies and can withstand scrutiny. Employers value his measured approach, attention to detail and ability to anticipate and mitigate risk early in the process.
