Tackling Workplace Investigations

Workplace investigations are often poorly executed. If you carry out a poor investigation, it’s likely that the result of the discipline process will be equally poor – and that can lead to employment tribunal claims. When problems arise, employers must investigate and determine, as far as is reasonably possible, what really happened. This book shows you how to get it right.

Preface

This book has been written to ensure that employers who are carrying out investigations have the correct tools to do a good job. So often, investigations are poorly executed. If you carry out a poor investigation, it’s likely that the result of the discipline or grievance process will be equally poor – and that can lead to employment tribunal claims.

Problems with employees come in all shapes and sizes, from small matters such as timekeeping through to complaints of harassment, money or property going astray, poor work performance and accidents and injuries. When problems such as these occur, employers must investigate and determine, as far as is reasonably possible, what really happened. There is no magic formula for conducting workplace investigations. They vary based on the issues and the people involved. Some investigations will be completed quickly with no need to interview witnesses. Others may require a far more detailed approach, involving the interviewing of a number of witnesses.

Content

1. Overview of the Ebook
   1. Introduction
   2. What is a workplace investigation?
   3. Carry out the investigation in a timely way
   4. Employee privacy
   5. An investigation must be impartial
   6. Investigation interviews
   7. Follow the ACAS Code
   8. What happens if an employee goes sick with stress?
   9. Right to be accompanied
   10. Planning an investigation
   11. Gathering evidence
   12. Burden of proof 14
   13. Interviewing witnesses
   14. Anonymous witnesses
   15. Question technique
   16. Discipline
2. What is a workplace investigation?
   1. Introduction
   2. What sort of things trigger an investigation?
   3. What goes wrong?
   4. Balance the need to collect data against inappropriate invasion of privacy
   5. Following procedure is all-important
3. Carry out the investigation in a timely way
   1. Introduction
   2. How far back can I go to collect data?
   3. Long, long time ago – can I still remember?
4. Employee privacy
   1. Introduction
   2. Use of private investigators in an investigation
   3. Test data and don’t make assumptions
   4. Advise and warn about your right to monitor
5. An investigation must be impartial
   1. Introduction
   2. Build in some separation
   3. Preserve the evidence
6. Take a holistic approach
   1. Introduction
   2. Make sure the investigation is adequate
   3. Take a broad view
   4. Get the full picture and consider mitigating factors
   5. More discoveries
7. Follow the ACAS Code
   1. Introduction
   2. ACAS guidance
   3. Separate investigation and discipline
8. What happens if an employee goes sick with stress?
   1. Introduction
   2. First steps
   3. Recalcitrant employees
9. Right to be accompanied
   1. Introduction
   2. Companion at investigations
   3. Statutory pool
   4. Exceptions
   5. Legal advisor
10. Planning an investigation
    1. Introduction
    2. Decide what you are going to investigate
    3. Writing to employees at the investigation stage
11. Gathering evidence
    1. Introduction
    2. Interviews
    3. What happens if the facts are not in dispute?
    4. Get help to increase impartiality
    5. Collate the information and decide on next steps
12. Burden of proof
    1. Introduction
    2. Three part test
13. Interviewing witnesses
    1. Introduction
    2. Guidance for taking witness statements
    3. What to include
    4. Failure to attend
14. Anonymous witnesses
    1. Introduction
    2. Taking an anonymous witness statement
15. Question technique
    1. Introduction
    2. Open questions
    3. Questions to use carefully
    4. Questions to avoid
    5. The question funnel
16. Discipline
    1. Introduction
    2. Discipline hearing