Workplace Investigations
The Acas Code on Disciplinary and Grievances at Work, the Equality Act 2010 and the new Workers Protection Act 2024, may all require you as the employer to conduct a fair and reasonable investigation.
Where concerns are raised by employees and in the case of a potential disciplinary situation, the employer should conduct an investigation in order to:
- gather evidence from all sides
- see if there is a case to answer
- make sure everyone is treated fairly
- decide to what should happen next
Investigations should be conducted by a manager who is independent and who has been trained in the investigations process. Getting this part right is essential.
Following a fair procedure:
To protect everyone involved in such cases, the employer must make sure they follow a fair procedure and the investigation is an important part of this.
If the employer does not carry out a reasonable investigation, any decisions they make in the disciplinary or grievance case are likely to be unfair. This could risk legal action.
If a case reaches an employment tribunal, judges will look at whether the employer has followed the Acas Code of Practice in a fair way.
Circle HR can provide you with an independent investigator who will:
Agree the scope of the investigation and what needs to be investigated
Draw up an investigation plan
Conduct the investigation including interviewing witnesses, reviewing documents and evidence
Write an investigation report to include key findings, conclusions and recommendations.