It is often the case that workplace investigations are viewed as the “simpler” aspect of HR processes, frequently delegated to internal teams with minimal guidance. This perception couldn’t be further from the truth, particularly in today’s complex employment landscape.
The stakes have never been higher. Recent high-profile cases across various sectors demonstrate the importance of getting investigations right. Organisations like Fujitsu, facing scrutiny over the Post Office scandal, or the BBC dealing with internal complaints, show how investigation processes can impact not just individual cases, but entire organisational reputations.
The reality is that workplace investigations require a unique blend of employment law knowledge, investigative expertise, and emotional intelligence. When an investigation – whether for a disciplinary matter, grievance, whistleblowing concern, or dignity at work issue – is found to be flawed, biased, or inadequate, the consequences ripple far beyond the immediate case.
Consider a scenario that plays out all too frequently: A senior manager faces allegations of bullying. The organisation, aiming for a swift resolution, assigns an internal HR team member to investigate. Despite their capabilities, they’re juggling multiple priorities and navigate complex internal relationships. Three months later, the situation has escalated beyond the original complaint – team dynamics have deteriorated, sickness absence has increased, and trust in leadership has eroded.
This pattern of escalating workplace disputes has become increasingly visible across sectors. Universities grappling with complex harassment cases, financial institutions managing whistleblowing investigations, and NHS Trusts addressing multiple discrimination claims – all demonstrate how crucial proper investigations are to organisational wellbeing.
The Worker Protection (Amendment of Equality Act 2010) Act 2023 adds another layer of complexity, requiring organisations to take reasonable steps to prevent sexual harassment of their workers. This isn’t just about having workplace conduct policies – it requires proactive measures and robust investigation processes.
Recent high-profile employment cases underscore these challenges. The Metropolitan Police’s Baroness Casey Review revealed how inadequate workplace investigation processes can mask systemic issues. Meanwhile, financial institutions like Lloyd’s of London have recognised that independent workplace investigations are essential for addressing cultural challenges and rebuilding trust.
Independence in workplace misconduct investigations isn’t merely about avoiding bias – it’s about bringing specialised expertise to complex situations. When organisations commission independent workplace investigators, they’re accessing dedicated expertise in handling sensitive, high-stakes employee relations issues where internal resources might be compromised by competing priorities or relationships.
The value of independent investigations extends far beyond process. When employees raise sensitive concerns about discrimination, harassment, or bullying, the investigation process itself sends a powerful message about how seriously their experiences are taken. By engaging an independent investigator, employers demonstrate their commitment to fair and unbiased examination of these issues, free from internal politics or preconceptions.
As workplace dynamics become more complex and employment law requirements more demanding, the importance of getting workplace investigations right becomes essential. The Post Office Horizon scandal starkly demonstrates the cost of inadequate investigations and the importance of independent scrutiny.
When workplace misconduct issues arise, the question isn’t whether specialist investigation expertise is needed, but rather how quickly it can be engaged.
Whether you’re reviewing your investigation processes, facing complex workplace harassment allegations, or implementing new employment law requirements, independent expertise can help ensure your approach is robust, defensible, and effective.
Click here to get in touch or email me at ayesha@ayeshawilson.co.uk to explore how my independent expertise can strengthen your organisation’s approach while protecting employee trust.
