Appointing an appropriate investigator

A guide to conducting workplace investigations

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Chapter two: Appointing an appropriate investigator

Once the decision to proceed with an internal investigation has been made, the next step is to appoint a suitable person to lead the investigation. As a starting point, you should consider the relevant policy or procedure to see whether that provides who the investigator should be.

It is important to keep in mind that someone else (normally more senior) should be earmarked to review the investigation report and make any necessary decisions based on the investigator’s findings.

 

Key considerations for appointing an appropriate investigator:

Independence and impartiality

The investigator must be independent of the matter under review. Consider whether they have had any prior involvement with the individuals or issues in question that could compromise their objectivity. It’s essential that they can approach the investigation fairly and without bias. Also consider whether the complainant might perceive any lack of impartiality.

The investigator should be of sufficient seniority to handle the matter appropriately. This often depends on the seniority of those involved in the complaint. If senior staff are implicated, it may be necessary to appoint an external investigator (as below).

Depending on the complexity or sensitivity of the issue – such as allegations of gross misconduct or discrimination – it may be beneficial to appoint someone with prior experience in investigations or HR matters and/or with knowledge of the underlying issues.

As a logistical point, ensure the investigator has the time and capacity to conduct the investigation. Investigations can be lengthy and time consuming, especially if the employee raises new points during the process.

In some cases, it may be appropriate to appoint an external investigator (such as an independent lawyer or seasoned HR professional). This could be due to the sensitivity of the issue, lack of internal resources, or the need for greater impartiality, particularly if senior leadership is involved.

Consider, depending on the circumstances, whether it would be beneficial for the investigation to be conducted by a lawyer under legal privilege, especially in complex, sensitive or high-risk cases. Careful thought should be given to the structure of any such investigation to ensure that legal privilege is maintained and how the findings would be distributed.

In summary

Appointing the right investigator is fundamental to the integrity and effectiveness of a workplace investigation. Ensuring independence, appropriate seniority and relevant experience helps safeguard the fairness of the process and the credibility of the outcome. In more complex or sensitive cases, particularly when senior employees are involved, appointing an external investigator can provide additional assurance of impartiality.

Forsters has extensive experience acting as independent investigators and can support your organisation in conducting a thorough and credible investigation.

Chapter three: The importance of scoping a workplace investigation

In the next chapter, we will explore one of the most critical (and often overlooked) steps in the workplace investigation process.

Read chapter three

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