How to run a fair and compliant workplace investigation
Imagine these scenarios…
- One of your employees has had an accident at work and hurt themselves
- You’ve noticed that money is missing
- An “I wish to raise a formal grievance” email has landed in your inbox
In situations like these, you need to carry out a proper workplace investigation.
What exactly is a workplace investigation?
Gather the facts and select your investigator
An investigation is a structured way to gather facts about what did or didn’t happen.
It’s not the same as a disciplinary process – it comes before that, helping you to decide if further action is needed.
Many businesses either skip this important step or do it too casually, which can lead to:
- Decisions based on incomplete information
- Increased tension between team members
- Potential claims of unfair treatment
- Legal risks if proper procedures aren’t followed
Here is my 5-step approach to delivering effective workplace investigations.
The right investigator makes all the difference.
Look for:
- Someone neutral who wasn’t involved in the situation
- Someone with investigation know-how (or is guided by someone who has it)
- Someone who can remain objective
For smaller businesses, this might be a manager from another team or an external HR consultant who can bring fresh eyes to the situation.
Interview everyone involved
Good planning makes interviews go smoothly:
- Write down clear, open questions before you start
- Keep your approach consistent with everyone
- Take good notes at each conversation
- Consider letting employees bring a colleague for support if they want to
- Stay calm and non-judgmental, even if things get heated
Remember that employees might be nervous or on edge. A friendly but professional approach helps you to get to the truth of the matter.
Review the evidence carefully
This is where your detective hat goes on:
- Sort out facts from opinions
- Spot patterns and/or things that don’t add up
- Check what your company policies say
- Think about the bigger picture
- Weigh up how reliable different stories are
Take your time to build the full picture rather than rushing to conclusions.
Communicate the outcome clearly
Once you’ve figured things out:
- Don’t sit on the results too long
- Be clear about what happens next
- Talk to people privately and respectfully
- Explain how you reached your decision
- Be ready to answer any questions
How you share the news matters almost as much as what you’re actually saying.
Keep records and check in afterwards
The job isn’t done when you share the results:
- Keep records of everything you did
- Think about what might prevent similar issues in the future
- Revisit your policies – do they need tweaking?
Good notes can really protect your business and show that you’ve been fair and thorough.
Making investigations less stressful
Investigations can be challenging to navigate, but having a plan makes them less stressful for everyone:
- Set realistic timelines and keep people informed
- Keep things confidential
- Make sure everyone has appropriate support
- Stick to the facts
- Remember that doing it right protects everyone
Even the messiest situations become doable with the right approach.
When you need extra support
If you’re dealing with a tricky investigation or just want to make sure you’re on the right track, an HR consultant can:
- Walk you through the process step by step
- Step in as a neutral investigator, if needed
- Help you to talk to everyone involved
- Take the weight off your shoulders
- Make sure you’re ticking all the legal boxes
If you’re facing a situation that needs careful handling, I can guide you through it, taking the pressure off.
You can arrange a free, confidential chat with our HR Director, Kat here about this topic or anything else relating to HR and people here: https://tidycal.com/kat3/20-minute-exploration-call20241205142253
Author's Bio
Kat Derbyshire is the Founder of Black Kat HR Ltd.
She is a BMC Trusted Partner.
Black Kat HR are an independent HR consultancy who work with a variety of companies both on one-off projects and on a retainer basis.
An expert in her field, Kat can be contacted on [email protected]