Workplace investigations are often complex and it can be easy to make mistakes. The wrong investigator; ignoring a new issue; even poor administration, all place your business at risk. It’s why you need to understand how workplace investigations can go wrong and what you can do to mitigate the risks to your business.
This is the final blog of this series about workplace investigations. Blogs one and two covered what they are and why they’re important . But now it’s time to learn from others, and avoid common mistakes often made in workplace investigations. You’ll discover:
- Main mistakes people make with workplace investigations
- The impact of poor investigations on your business
- Steps you can take to reduce the risks
Key reasons workplace investigations go wrong
Conducting workplace investigations can be difficult, especially when you lack time and resources. Yet they don’t have to go badly, so learn how to minimise the risks to your business.
Issues before the investigation
- Lack clarity of the complaint and allegations: The exact nature of the issue isn’t always obvious. Managers make assumptions and then pursue the wrong line of enquiry. They get caught out when the real problem appears. Instead, avoid ambiguity and ask detailed initial questions. Be clear on the complaint and allegations from the outset.
- Conflict of interest: Picking the right investigator is critical. Yet it can be hard to find someone internal who’s objective with no prior knowledge or involvement. Employees then argue conflict of interest and you have to start again. Instead, use someone independent where no history exists.
- Lack of objectivity: Playing dual roles doesn’t work. You can’t demonstrate a fair investigation if you’re also the decision maker. Boundaries blur and you aren’t impartial. Prior knowledge and assumptions cloud the investigation and impact subsequent decisions. Rather, have separate people for each stage so they can review the information fairly.
- Lack of preparation and process knowledge: Good investigations start from great preparation. Fail to read relevant policies and information, and you’ll ask the wrong questions or won’t follow correct procedure.
During the investigation
- Poor questioning skills: Leading and closed questions mean managers miss essential details and sometimes key people too. Investigators wear blinkers as they steer down an incomplete path. Instead, remain open-minded, be inquisitive, and show balance in your questioning.
- Bad time management: Don’t rush it and miss something; or leave long gaps between meetings. Both give the impression the investigation doesn’t matter. You need enough time to complete interviews properly and understand what happened before memories get vague.
- Mis-handling new information: It’s easy to miss details that offer explanations or a different perspective. You might fail to ask follow-up questions or seek further evidence. Equally, when new issues come to light, you can’t just blunder into them. A fair investigation digs deeper, ensures due process, and continually reviews potential for a conflict of interest.
- Poor note taking: Lack of detail ruins investigations. You need evidence of following proper process, accurate records of conversations, and the employee to agree any notes. Then, you can rely on them at all future stages.
- Inappropriate environment: Employees need a safe space with privacy and confidentiality. Don’t ignore employee concerns about giving statements. Instead, consider the need for anonymity. It’s your duty to create an appropriate environment and help them feel comfortable sharing the true picture.
Concluding the investigation
- Vague reports: A comprehensive report is essential. It presents facts, draws conclusions and potentially makes recommendations. Yet many people miss this. They either provide nothing or a report that’s one-sided or lacking data. You must create clear, balanced summaries and comments, and allow fair, impartial decision-making.
- Biased investigation outcome: Ask the questions, suggest a conclusion, but don’t stop there. Include supporting evidence and potential mitigation. Otherwise, your investigation looks biased, even though it may not be. Demonstrate balance, the right approach, and use facts to justify conclusions. Finally, recognise areas for improvement and handle them differently in the future.
The purpose of a workplace investigation isn’t to prove something did or didn’t happen. It’s there to outline the issues and establish the facts, so someone else can make appropriate decisions.
The impact of poor workplace investigations on your business
There are many ways workplace investigations go wrong, and these are just some to consider. They don’t all have a quick and free fix. Some require training or external support. However, the alternative is you don’t take any action, and face these risks instead:
- Damage to your reputation: Disgruntled employees sharing their views, complaints on social media. Even worse, a public judgement of unfairness at an Employment Tribunal (ET). Minimise all of these by conducting a thorough investigation.
- Financial penalties: Spiralling internal costs, legal fees and associated costs of an ET claim. Instead, invest more wisely at the start and get your investigation right.
- Poor productivity: Lack of focus, anxiety, and the rumour mill all create distractions. Timely action is key to getting everyone back working effectively.
- Management time: Managing the issue and conducting the investigation impacts your day job. It’s why it’s essential you have the right resources and dedicate time to resolving issues promptly.
- Increased employee absence: Poorly handled investigations create excess stress and anxiety. Employees get signed off and processes sit on hold. Minimise the impact by managing things right from the outset.
Reducing the risks that workplace investigations go wrong
The main issues for workplace investigations are skills, available time and impartiality. You lack experience at managing these situations, so you say the wrong thing. Not forgetting everyone knows everyone, which makes getting the balance hard. It’s also not your day job, yet investigations can take up a lot of your time. The temptation grows to rush it or prioritise other matters that feel more pressing.
The solution is an independent investigator. Someone who’s neutral, understands the correct procedures and has experience. They have time, and deliver a detailed report with robust data and conclusions. As a result, you have confidence you’ve considered all the facts and can make the right business decisions. At the same time, you strengthen your business case and mitigate the potential risk of future claims.
As the HR Detective, I have over 20 years’ HR experience. I specialise in conducting workplace investigations and offer impartiality and in-depth procedural knowledge. All you need to do to protect your business is call me on the HR Detective hotline and get specialist support in place, so we can get your next investigation right.
