Handling Workplace Investigations

You may need to consider conducting an investigation as a result of a complaint, disciplinary, grievance or whistleblowing.

The first step is to consider the nature and scope of the investigation needed and who should conduct it.

Conducting a properly documented investigation will be critical if you later need to defend a tribunal claim.

Where there is a risk of such a claim in the future having an employment lawyer involved in the background guiding you on how to approach matters can be valuable.  Early mistakes can be fatal later and hence taking some initial advice to discuss and agree on the approach you intend taking is worthwhile.

Employees will often have taken legal advice or will have a lawyer in the background guiding them on the best attack approach and you need to respond in kind with tactical advice from a specialist employment lawyer.

Depending on the nature of the matter that needs investigating, you may need to consider appointing an external investigator.  The appointment of such an external investigator can have many benefits including apparent neutrality and lack of any pre-determined outcome.

Confidentiality around such an investigation is always an important issue as is whether to suspend any of the relevant parties and whether the investigation outcome report will attract any form of legal protection.

David’s employment litigation background means that he has been involved in the conduct of many complex investigations,  examples of which include fraud, theft, data breach, misuse of IT systems, dishonesty and sexual misconduct to name but a few.

Support provided can include David acting as an independent external investigator,  supporting you whilst you conduct your own investigation or bringing in an external investigator.

To discuss whether and if so how to proceed with an investigation please call David Greenhalgh on 020 3603 2177.