When an employee comes forward with a complaint about a workplace issue whether it be whistleblowing, harassment, discrimination, poor behaviours or an accusation of unfair treatment, it is essential for an employer to act swiftly and with integrity.
An effective way to address such allegations is to conduct a credible workplace investigation, designed to gather evidence and establish the facts objectively.
Given the sensitivities and reputational risk that come with any serious allegation, the prospect of carrying out an investigation can be daunting. To help with this, Forsters’ employment and partnerships team have put together this guide to provide you with practical advice on each stage of the process. Through our many years of experience supporting organisations with employment investigations we share our insights on what makes for a fair and robust investigation.
This guide, alongside any tailored support that we can provide you with, will give you the confidence to conduct a professional investigation that meets your legal and regulatory obligations. Crucially, enabling you to take the relevant next steps to resolve the matter effectively and maintain trust among your employees.
How we can help
At Forsters, we have extensive experience handling a wide range of employment investigations, from small internal matters to complex, high-profile cases. Our partner-led approach ensures that you receive expert guidance tailored to your specific needs and can deliver this at speed.
We can talk you through your options and support you in a number of ways:
Act as your external investigator
We combine legal expertise with a deep understanding of employment dynamics to conduct a thorough investigation, ensuring all relevant facts are uncovered. We work closely with you to develop an investigation plan, conduct interviews, gather evidence, and provide detailed reports. We can also source and co-ordinate any specialist expertise such as forensics, IT or criminal specialists.
Advise you on specific aspects of the investigation
Alternatively, we can advise you on specific aspects of the investigation such as legal privilege or confidentiality, this can be particularly helpful if it is suitable for the investigation to be carried out in house.
Post-investigation support
Once the investigation has been completed we can provide recommendations for appropriate actions, based on the finding. This can include disciplinary measures as well as guidance on implementing changes to prevent future issues and maintain a positive workplace environment.
Be prepared
We also help organisations pro-actively prepare for investigations. This includes reviewing and stress-testing existing policies and procedures to ensure they are robust and fit for purpose. Where needed, we can draft new frameworks tailored to your organisation’s structure and risk profile. We can provide bespoke in-house training on how to conduct investigations.
Our goal is to help you prevent and resolve employment issues efficiently and effectively, minimising disruption to your business.
A practical guide for employers
Please fill in this form to download our guide as a PDF.
Meet our team
Jo Keddie
Partner, Head of Employment and Partnerships
Joe Beeston
Partner, Employment and Partnerships
Danielle Crawford
Counsel, Employment and Partnerships
Remy Ormesher
Senior Associate, Employment and Partnerships
Daniel Parker
Senior Associate, Employment and Partnerships
Rachel Levine
Associate, Employment and Partnerships
Connor Rutherford
Associate, Employment and Partnerships
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