Handling complex investigations: practical tips for HR
Although some disciplinary and grievance investigations are straightforward, businesses often need to investigate issues which require more delicate handling.
Although some disciplinary and grievance investigations are straightforward, businesses often need to investigate issues which require more delicate handling.
Businesses may face allegations of systemic discrimination, large-scale bullying or harassment allegations involving multiple complainants or allegations with a regulatory or criminal element. Each investigation is unique, but there are some key issues which businesses should always consider.
A business may wish to appoint an external investigator rather than using its internal HR team to investigate. This can have many advantages. It avoids placing a heavy burden on HR which could interfere with day-to-day work, an external investigator may be perceived as more independent and credible (particularly if the allegations are already in the public domain) and the investigator may have helpful specialist knowledge (for example, an understanding of any criminal or regulatory implications).
It is essential to define clearly at the outset what the business wants to accomplish and define the investigator's remit according to those goals. There are a range of legal and practical issues to consider, e.g.:
For an investigation to be credible and effective, the investigator will need wide access to relevant documents and witnesses. This needs to be balanced against privacy and GDPR obligations and the rights of individual witnesses.
If there might be a regulatory or criminal investigation into the same issues, it is essential that the investigation is conducted in a way which doesn't prejudice that investigation and that evidence is not inadvertently destroyed or tampered with.
Other key issues to think through include:
An internal investigation can cause significant internal disruption and have major reputational implications. As a result, it's important to consider how information about the investigation will be communicated internally and externally, including:
Although major investigations are very challenging and may bring unpalatable facts to light, if planned carefully and handled well they are a powerful tool for changing an organisation for the better.
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