HR / Immigration Law - Workplace Investigations

Author
Scott Pettifer
Client Engagement Director | DavidsonMorris
5th February 2024

Workplace investigations have to be conducted correctly to avoid legal and reputational repercussions. We look at the key considerations for employers when undertaking an employment investigation.

The purpose of an HR investigation is to enable the employer to understand the full facts of a matter or incident and allow fair, objective and informed decision-making to bring the matter to a conclusion.

But workplace investigations present considerable risks for employers.

HR investigations have to be handled fairly and employers should follow ACAS guidance on disciplinary and grievance matters.

Maintaining a sensitive, unbiased and non-confrontational approach during the investigation process will encourage your employees to address their concerns freely and without fear of retaliation.

Mishandling an employment investigation can influence the outcome and impact of a workplace dispute, and the process followed may be subject to future scrutiny should the matter result in a tribunal claim.

Failure to follow a proper and consistent investigation process can lead to tribunal claims and allegations of unlawful discrimination, detriment on the grounds of whistleblowing, data protection breaches and defamation.

Handling workplace investigations correctly is not only a legal obligation; consistent and fair treatment of employment investigations is important in promoting positive workforce relations.

Talk to us if you need help today:

hello@davidsonmorris.com
davidsonmorris.com
020 7494 0118

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