When a workplace investigation starts: Why the first 48 hours matter
When a complex workplace issue lands on your desk, the pressure to act quickly can be immense. Whether it’s a grievance, a whistleblowing concern or allegations involving senior individuals, the instinct is often to jump straight into the detail.
But some of the most important decisions in a workplace investigation are made before the investigation properly begins.
In the first episode of Workwise: Navigating workplace investigations, Joe Beeston and Danielle Crawford are joined by our HR Director, Ann-Marie Comer, to discuss a scenario that will feel increasingly familiar to HR professionals and in-house lawyers: a lengthy grievance, apparently generated using AI, containing multiple allegations against a number of individuals.
While fictional, the scenario highlights several challenges employers are already facing in practice.
AI is changing the landscape
The growing use of AI is creating new challenges for HR teams and employers.
AI-generated grievances can quickly transform relatively focused concerns into lengthy documents containing multiple allegations, legal concepts and references that may not always be relevant or accurate. While AI can help individuals articulate concerns, it can also make it more difficult to identify the core issues that genuinely require investigation.
At the same time, employers are increasingly having to consider whether confidential, commercially sensitive or personal information has been entered into public AI tools and what risks this may create from a data protection and confidentiality perspective.
Unfortunately, there is no shortcut: evaluating a complaint begins with engaging with it in detail, even if if is long and core issues are difficult to follow. HR professionals will then want to try to work with complainants directly to understand what is really going on. AI may be changing how workplace concerns are raised, but it does not remove the need for careful judgement, clear communication and meaningful human interaction.
Understand what you’re investigating
One of the biggest challenges we see with the emergence of the AI grievance is scoping. What is the grievance actually about? What are the complainant’s core concerns? Engaging with the individual directly can be hugely valuable in understanding the scope of a complaint and, where necessary, narrowing it.
It will also shape how issues will be investigated. One of the biggest risks at the outset of a workplace investigation is assuming that every allegation belongs within the same process.
What arrives as a grievance may also contain whistleblowing concerns, regulatory issues, data protection risks or allegations that require a different approach altogether. Before deciding on next steps, employers should take the time to identify exactly what allegations are being made, understand which policies apply and consider whether multiple investigations may be required.
Getting the scope right at the beginning helps create a clear framework for the investigation (or investigations) and can prevent significant problems further down the line. It will also help HR professionals take a broad view and involve the right stakeholders to ensure that the response to a complaint is shaped not only around the HR considerations but also any potential wider implications for the business.
Communication matters more than you think
As workplace investigations become more complex and document-heavy, it is easy to focus solely on evidence gathering and process.
However, one of the strongest themes emerging from the discussion was the importance of communication. Employees who raise concerns want to know they are being heard, while individuals who are the subject of allegations need clarity about what happens next.
Engaging thoughtfully when a complaint first emerges can help set an investigation up for success. When investigations take time, regular updates can make a significant difference. Even a brief communication explaining why a process is taking longer than expected can help maintain trust and reduce frustration.
Ultimately, investigations involve people, not just policies and procedures.
A practical reminder for employers
There is no one-size-fits-all approach to workplace investigations. Every situation is different and requires careful consideration of the facts, the people involved and the potential risks.
Taking the time to understand the issues, establish the right scope, communicate effectively and identify any wider concerns can make a significant difference to the outcome of an investigation.
As workplace investigations continue to evolve, particularly with the growing influence of AI, getting the first 24-48 hours right has never been more important.
Listen to the full discussion
These are just some of the issues explored in episode 1 of Workwise: Navigating workplace investigations, where Joe Beeston, Danielle Crawford and Ann-Marie Comer discuss the practical realities of managing workplace investigations and the steps organisations can take to avoid common pitfalls from the outset.
Conducting credible workplace investigations
This practical guide for employers will give you the confidence to conduct a professional investigation that meets your legal and regulatory obligations.
Read our guide
