In this guide, we will take a look at the vexed area of workplace investigations. We will look at the background law, of which there is very little, and at best practice guidance, of which there is more than can possibly all be useful. We will offer some examples of investigations done badly and consider when and how it may be sensible to use someone outside the business. While we will hopefully take some of the anxiety out of doing these things yourself, we will also offer to do them for you, and explain why that can make legal as well as practical sense.
This guide to conducting workplace investigations was created originally from a compilation of posts by David Whincup on our Employment Law Worldview blog.
We edited and republished them in this form in 2023 to reflect a then growing profile for whistleblowing issues in the workplace. While some of these posts appear to focus mostly on the investigation of contentious grievances, many of the same principles (in particular, the need to make decisions based on a reasonable grasp of the facts) apply equally in the whistleblowing arena.
Since 2023 the growth in profile of non-financial misconduct in the financial services sector and the new government’s stated intention to bring sexual harassment issues formally under the whistleblowing regime have both reinforced the importance of conducting workplace investigations properly. In addition, it will be an essential plank of complying with their new duty to prevent sexual harassment that employers are seen to conduct investigations into such allegations with reasonable skill and rigour.
This 2nd Edition is revisited and expanded with these new priorities for employers squarely in mind.
