Workplace Investigations

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HR Investigations 

HR investigations can be hugely time-consuming and can impact organisations significantly from a resourcing perspective (in terms of employee morale and the wider implications that they carry). However, they are a critical process within companies and address various issues such as:

• Workplace misconduct
• Harassment and/or bullying allegations
• Grievances
• Discrimination and allegations
• Breaches of company policies.

Conducting thorough HR investigations – though often a lengthy and time-consuming process – is essential to maintaining organisational integrity, employee trust, and legal compliance. These investigations delve into sensitive and complex matters, requiring careful handling to ensure procedural correctness and fairness.

Organisations often enlist an external HR investigator to conduct impartial and objective workplace investigations. External investigators bring expertise, independence, and neutrality to the process, ensuring fairness and credibility. Outsourcing workplace investigations to external HR professionals can also alleviate potential conflicts of interest and enhance the perception of transparency and impartiality.

Eclipse HR can offer you advice and support on a variety of HR and workplace issues, as well as offer mediation and legal updates supported by our legal team at Whitehead Monckton. We specialise in Construction Manufacturing, Education, SME and Start-Up sectors

Employee Rights During HR Investigation 

Typically employees will be provided with advanced notice of an investigation meeting. Information may include:

• Being informed of the allegations against them
• The reason and arrangements for an investigation meeting
• Clarification that an investigation meeting is a fact finding, not disciplinary meeting
• Asking questions of all relevant individuals, including the accused, to allow them the opportunity to provide their side of the story and also any witnesses.
• Whether there is a right to be accompanied by a representative to meetings.

Additionally, employees should receive updates on the investigation’s progress and be informed of any outcomes or decisions affecting them. It is important to give consideration to the health and wellbeing of all employees involved in an HR investigation process, offering appropriate support.

Can HR Investigate Without You Knowing?

In some cases, HR may need to conduct workplace investigations discreetly to protect the integrity of the process and prevent interference. However, employees typically have the right to be informed if they are the subject of an investigation, as transparency is essential for maintaining trust and accountability within the organisation.

With that being said, HR may withhold specific details or information to preserve confidentiality and prevent potential harm to parties involved; although it would be prudent to seek legal advice in these circumstances.

How Does HR Investigate a Complaint?

HR investigates complaints or concerns by following established procedures tailored to the nature of the allegation. This may involve gathering evidence, interviewing witnesses, reviewing documentation, and analysing relevant data. The investigation aims to uncover facts impartially and determine the validity of the complaint or concern. Throughout the process, HR professionals who are undertaking workplace investigations are required to adhere to ethical standards, consider employment, legislation, and company policies to ensure a fair, proportionate and thorough investigation.

Does HR Have to Investigate a Complaint?

HR is typically obligated to investigate complaints or concerns promptly and thoroughly to address workplace issues effectively. Failing to investigate complaints or issues can expose the organisation to legal risks, damage its reputation, and undermine employee trust. By conducting workplace investigations, HR demonstrates a commitment to upholding fairness, accountability, and a positive work environment.

HR Investigation Questions 

So how does an HR investigation work? During investigations, HR asks probing questions to gather relevant information and assess the credibility of statements. These questions may vary depending on the nature of the complaint but generally aim to uncover details about the concern or incident, such as:

• Timeline; date, place and time of any relevant issues
• Witnesses; what they saw, heard or know about any relevant matters
• Any other considerations including physical evidence e.g. CCTV, technology, platforms etc.
• Reminder all parties to the investigation should be kept confidential

An HR investigator is likely to also collate relevant evidence and documents before, during and after investigation meetings.

Reporting the investigation Findings

HR also considers the perspectives of all parties involved to form a comprehensive understanding of the situation and provide their own conclusions.

This is usually provided in the form of a written report, accompanied by the evidence gathered during the investigation and any recommendations should be limited to suggesting potential subsequent action only i.e. formal action, informal action or no further action.

Conducting HR Investigations with Eclipse HR

For comprehensive HR support and guidance, trust Eclipse HR. Backed by the legal expertise of Whitehead Monckton, we offer tailored solutions for in Construction Manufacturing, Education, SME and Start-Up sectors. Contact our team today, to ensure fairness, transparency, and compliance in your HR processes.