The anatomy of a good workplace investigation | Moorepay
August 25, 2022

The anatomy of a good workplace investigation

The anatomy of a good workplace investigation (2)

Most employers will, at some point, need to investigate a workplace issue. Whether it’s a grievance, an allegation of misconduct, concerns about bullying or harassment, or a dispute between colleagues, how that investigation is handled can make all the difference.

Some employers view investigations as a step to complete before reaching an outcome. In reality, they’re the foundation of any fair disciplinary or grievance process. And when an investigation is flawed, any decisions that follow are far more likely to be challenged.

Why workplace investigations often go wrong

Many fall short because key principles are overlooked from the outset. While every case is different, some common mistakes can undermine the fairness and effectiveness of the process:

  • Starting with an assumed outcome and then looking for evidence to support it, rather than approaching the investigation as a fact-finding exercise.
  • Lacking impartiality, whether through the choice of investigator or conclusions being formed too early in the process.
  • Failing to gather all relevant evidence, including missing witnesses, overlooked information, or an overreliance on one version of events.
  • Poor record keeping, making it difficult to demonstrate how findings were reached or justify decisions if they’re later challenged.
  • Prioritising speed over thoroughness, leaving important questions unanswered and creating gaps in the evidence.

Ultimately, effective workplace investigations are fair, impartial and thorough. Their purpose is to establish the facts and reach balanced conclusions based on the evidence available.

What does a good workplace investigation look like?

Start with a clear process

Every organisation should have clear investigation procedures in place. A structured process helps ensure consistency and gives employees confidence that concerns will be handled fairly and objectively.

Be clear about what you’re investigating

Investigations can easily expand as new information comes to light. While it’s important to follow relevant evidence, there should always be clarity around the scope of the investigation.

At the outset, employers should be clear on:

  • The concerns or allegations being investigated
  • The relevant timeframe
  • The individuals involved
  • Any relevant policies
  • The evidence that needs to be gathered

A clear scope helps keep the investigation focused, proportionate and manageable.

Remember the purpose of an investigation

An investigation exists to establish the facts and give decision-makers the information they need to reach a fair outcome.

Approaching an investigation with a predetermined conclusion increases the risk of evidence being overlooked or assumptions influencing decisions. Good investigations remain objective throughout and consider information that both supports and challenges the concerns raised.

The focus should always be on understanding what happened, rather than trying to achieve a particular outcome.

Gather evidence thoroughly

Witness statements often play an important role in workplace investigations, but they shouldn’t be the only source of evidence.

Depending on the circumstances, relevant evidence might include:

  • Emails and correspondence
  • Teams messages and other messaging records
  • Attendance records
  • CCTV footage
  • Training records
  • HR files
  • Policies and procedures

The strongest investigations consider all available evidence rather than relying solely on differing employee accounts.

Ask the right questions

Investigations can be weakened when witness statements lack the detail needed to properly assess the concerns being raised.

Statements such as “they regularly shouted at staff” or “everyone knew this was happening” can be difficult to evaluate without further information.

Investigators should seek clarity by asking questions such as:

  • What exactly happened?
  • When did it happen?
  • Where did it happen?
  • Who witnessed it?
  • How often did it occur?
  • What impact did it have on those involved?

The more specific the evidence, the easier it becomes to assess its reliability and relevance.

Remain objective

Objectivity is one of the most important elements of any investigation.

Investigators should avoid making assumptions based on an individual’s role, length of service or previous interactions with them. Equally, concerns shouldn’t be dismissed simply because they appear minor at first glance.

Where a conflict of interest exists, it may be appropriate to appoint an independent manager or external investigator to lead the process.

Employees are far more likely to trust an outcome when they can see the investigation has been conducted impartially.

Keep good records

A well-documented investigation can make the difference between demonstrating a fair process and struggling to defend a decision.

Good record keeping should include:

  • The original complaint or concern
  • Investigation plans and notes
  • Witness statements
  • Interview records
  • Evidence reviewed
  • Correspondence sent and received
  • Investigation reports
  • Outcome letters

If an organisation is ever asked to explain how it reached its conclusions, these documents provide a valuable audit trail.

Avoid unnecessary delays

Investigations should be thorough, but they should also be completed as promptly as possible.

Lengthy delays can increase stress for everyone involved and reduce confidence in the process. While some delays are unavoidable, regular updates help manage expectations and reassure employees that the matter is being taken seriously.

Don’t forget the follow-up

An effective investigation does more than establish the facts behind a complaint or allegation. It can also highlight wider issues within the organisation, such as gaps in management practices, training needs, unclear procedures or workplace culture concerns.

No two workplace investigations are the same, but those that stand up to scrutiny tend to share the same foundations: a clear scope, a thorough review of the evidence, accurate record keeping, and an impartial approach.

Just as importantly, organisations should use every investigation as an opportunity to learn. The findings may identify ways to strengthen policies, improve communication, provide additional training, or refine investigation procedures. Even where allegations aren’t upheld, valuable lessons can often be taken forward to improve future processes and build confidence in how workplace concerns are managed.

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About the author

Claire Simpson

Claire has a HND in Hospitality Management and is currently working towards her CIPD level 5. Claire’s HR career started at one of our major competitors as a HR Documentation Advisor before making her way up the ladder to a Senior HR Advisor and then HR Policy and Documentation Business Partner within the team, providing specialist employment Documentation advice to clients regarding creating/reviewing and updating their employment documentation. Within my current role as a HR and policy consultant, it is my responsibility to draft, create and advise upon HR Policy documentation. With the benefit of my years of experience, it’s part of my role to support and guide our clients, through often complex legal challenges with the use of easy-to-use documentation.

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