Conducting a thorough workplace investigation is essential to your business. It informs decision making, protects your reputation and often reduces the chances of future legal challenge. Ultimately, it saves you time and money. Yet many businesses are reluctant to do them correctly. Some may lack the resources, skills or confidence needed. Others just don’t believe the benefits outweigh the potential costs. But poor investigations cost more than you think. So, it’s time to understand the importance of workplace investigations and consider what support you need to make them effective.
This is the second in a series of blogs on workplace investigations. The first explored what workplace investigations are, and the third will offer tips on getting them right. But you also need to understand why they’re important and identify the potential risks to your business if you decide not to conduct them. So it’s time to learn:
- Why workplace investigations matter
- The risks of a poor investigation
- Support available for conducting effective workplace investigations
Why workplace investigations are important
Many situations benefit from a workplace investigation. Yet people often apply a light touch rather than an in-depth review, which can be a costly mistake. Instead, recognise the importance of conducting these investigations thoroughly and decide to protect your business.
Demonstrate fairness: This is essential for every investigation. Initially, you must demonstrate whether there’s even a case to answer and avoid making assumptions. Investigations are about taking the right next steps, not the perceived easy ones. Therefore, approach any issues with an open mind and get clarity on supporting evidence or counterarguments. Then, you can objectively consider all the information presented and reassure staff you’re impartial, fair and reasonable.
Balanced decision-making: A full investigation explores all angles. It provides enough information to clarify all the relevant details and minimises bias in its report. It’s essential to apply balance when you weigh up the situation so present both pros and cons, before identifying potential next steps.
Address problems and concerns: A good investigation establishes not just what, but why, something happened. It may identify patterns of behaviour; indicate a persistent issue; or highlight a one-off reaction that’s out of character. It’s essential you understand the extent of the problem and consider any relevant mitigation. This helps the business explain why something’s unacceptable and prevents issues being repeated.
Minimise costs: Workplace issues cost time, resources, productivity and money. Investigating thoroughly reduces the risk of protracted workplace issues, appeals and Employment Tribunal claims. They also allow you to avoid costly financial penalties by demonstrating a fair process and objective decision making.
So the importance of workplace investigations is clear. Yet you also need to understand the risks if you choose to avoid finding the relevant details or decide not to investigate.
The risks of a poor workplace investigation
Deciding to conduct an investigation’s a good start, but you must also demonstrate you’ve considered different viewpoints. This isn’t about just showing evidence that supports a claim. Failing to do a thorough, impartial, investigation can be as costly as not doing one at all. It’s important to get it right.
- Increased employee turnover: From business proposals to bullying claims, employees must be heard. A poor investigation is one-sided, subjective and ignores new information. As a result, employees feel hurt, demotivated, and frustration grows. Yet, rather than raise the issue, employees vote with their feet. So give them a chance to speak and really listen to what they’re telling you.
- Damage to business reputation: Disgruntled employees lose trust and complain to colleagues, family and friends. Tribunal judgements publicly highlight poor practice. It’s embarrassing and it places the organisation’s reputation at risk. Therefore, don’t jump to conclusions, but take the time to investigate properly and present findings fairly.
- Repeats of poor behaviour: When unacceptable behaviour gets ignored, others think it’s ok to copy, so they don’t report it. Over time, a negative workplace culture of poor behaviour and unhelpful practices grows. You must, instead, create a culture where employees feel safe to speak up. Support them by making changes and don’t stick your head in the sand.
- Decisions that can be challenged: It’s easy to argue against a lack of evidence of a balanced approach or following a fair procedure. As a result, reasonable decisions can be overturned on process when they reach a judge or panel. You need to follow the ACAS Code of Practice and its expectations for fairness and basic legal requirements. Applying this to the investigation will ensure decisions stand up to process scrutiny from employees and lawyers alike.
Making workplace investigations effective
Get them right, and the importance of workplace investigations becomes obvious. They have a positive impact on company culture and encourage open and honest communication. For employees, they demonstrate you take problems or concerns seriously. Most importantly, they identify issues that, if not addressed, cause long-term damage to your business.
But getting it right first time takes energy and focus. These are often complex issues that need a skilled investigator. So find someone who’s an expert at asking probing questions and reaching the reasons behind what’s happened. They must be neutral, and not a later decision-maker. Finally, they need to be able to pull everything together and present a well-structured and clear summary report that can inform business decisions.
So pick an investigator with time to dedicate to a thorough investigation. Don’t take short cuts – it will just cost you more in the long run. Make sure you have the essential skills you need to conduct your investigation properly or get help early if you find you have a gap.
As an independent workplace investigator, I’ve managed lots of different situations. So give me a call to understand more about the support I offer. Let me take the stress out of the next investigation you need done.
