It’s often struck me as curious that the investigation stage of internal workplace processes is viewed by many as the “easier bit”, with less experienced managers or HR team members being tasked with this element of the process (and expected to get it done with minimal guidance).

Having now been representing employers in tribunal for more than 15 years (gulp), I can say that one of the things that gets tribunals most exercised is when they perceive there to be deficiencies in investigations. It can be an own goal before you’ve even reached the evidence of the key decision maker.

The reality is that where an investigation (whether it’s part of a disciplinary, grievance, whistleblowing, dignity at work or other internal process) is found to be flawed, biased, subjective, pre-determined or otherwise inadequate, any decisions which flow from that investigation will be compromised. This is likely to expose an organisation to liability, not to mention financial and reputational risk.

Far from being the “easy bit”, the investigation is – in fact – capable of being the anchor which grounds any resultant decisions and mitigates legal and reputational risks significantly.

So, I’m on a one-woman mission to elevate the status of investigators – no longer should they be badged as the poor relation of the “hearing manager”. Instead they should be recognised as being central to an employer’s risk mitigation strategy and, as such, should be trained accordingly and chosen carefully.

Another reason for my recommendation that workplace investigations get a metaphorical glow-up is the regularity with which independent investigations are now essential as part of an organisation’s response to allegations which go to the heart of culture, good corporate governance, or regulatory compliance.

Toxic working environments; endemic racism; culturally engrained sexual harassment and misogynist behaviour; disregard for policies and procedures which ensure regulatory compliance – the list goes on. And, inevitably, these matters are played out in the media spotlight, with organisations such as The Met Police, The England and Wales Cricket Board, ITV’s This Morning and BBC’s Strictly Come Dancing all commissioning independent investigations into alleged widespread workplace issues.

An independent investigator can help to underscore an organisation’s commitment to impartiality and, by extension, an openness to accept findings of a negative nature and recommended remedial actions. However, it’s crucial that such investigations are scoped with precision and that the role of external investigator is defined at the outset – are they a fact gatherer, or are they authorised to make findings and recommendations?

These are critical questions and if the lines are blurred, these investigations can become unmanageable and create even more liability and reputational damage for organisations.

In addition to the more traditional support we have provided to organisations on workplace investigations, we are increasingly being asked to guide employers on these broader, business-critical investigations, including being asked to perform the role of independent investigator. The conclusions of these investigations can make for difficult reading, but if an employer is truly committed to addressing historic and unlawful practices, it can be the first step to embracing and facilitating positive change.

If you’re interested in re-setting your organisation’s approach to internal and external investigations, please do get in touch with our employment team.

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