Workplace Investigators
Workplace investigation services
Verita is a specialist workplace investigator with more than 20 years experience providing support to private and public organisations. Our independent investigations draw on our HR expertise and specialist knowledge of regulated sectors such as healthcare and government to ensure your workplace investigation is carried out rapidly and thoroughly.
Our role includes clarifying the scope and terms of reference, conducting impartial investigations, gathering and evaluating evidence for analysis, then drawing conclusions, making recommendations and reporting the outcomes.
If you require guidance on how to conduct an investigation, or have a workplace issue which requires an independent investigation, please book a free consultation or simply call us on 020 7494 5670 to discuss how we can help.
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When things go wrong in the workplace how do you respond?
The first few hours and days in any serious workplace investigation can be emotional and confusing for those involved. Clear heads and good processes are essential for those who are required to take appropriate action to resolve the problems.
Some workplace problems are straightforward and simple to resolve; others can be hugely complex, serious and wide-ranging, possibly involving numerous employees. A good employer will seek to address these issues promptly, thoroughly and fairly to resolve the problems and to maintain good workplace relations.
As one of the UK’s leading independent investigation companies, we can help ensure your workplace investigation is carried out rapidly and effectively by an impartial team with HR expertise.
How an independent workplace investigation can help
Many such problems should and can be resolved informally by early intervention and good management. However, in complex situations or where informal steps don’t work, sooner or later any significant problem at work will need to be investigated.
And that’s where employers can run into difficulties. These can be caused by a lack of investigation capacity, poorly trained investigators, inadequate or cumbersome processes and lack of clarity about what an investigation is meant achieve.
At times like this, it’s important for employers to remember what your responsibilities are, and to be clear about your approach to workplace investigations. The first step is to understand the purpose of an investigation.
Setting out the purpose of a workplace investigation is an important step in ensuring that the investigation is conducted fairly and effectively. As well as helping to maintain objectivity of the investigation, it ensures the employee understands the allegations against them, what to expect from the investigation, and what the possible outcomes may be.
Bringing in an external investigator can help to ensure the investigation is efficient, thorough, and without bias.
When to engage an external workplace investigator
If you need help understanding if a workplace investigation into a workplace incident should be handled by an external investigator, or whether it can be handled internally, the following framework will help you decide:
1. Assessing conflict and seniority
If the answer to any of these questions is “yes” then an internal investigation is likely to not be sufficient:
- Is the respondent (the person accused) a senior leader, Board member, or Director?
- Is a member of the HR team named in the grievance or personally close to the parties?
- Does the investigator report directly or indirectly to anyone involved in the case?
2. Assessing the stakes
If the risk or impact of the investigation is ‘low’ then an internal investigation is appropriate. If it’s ‘medium’ then an internal investigation with external oversight is sufficient. For situations where risk or impact is ‘high’, an independent workplace investigator is highly recommended.
- Low: Minor policy breach, interpersonal conflict, low chance of dismissal
- Medium: Serious misconduct but facts are straightforward, mid-level manager involved.
- High: Allegations of discrimination, sexual harassment, fraud, or whistleblowing, and a high risk of an Employment Tribunal.
3. Checking resource and capacity
Resource plays a big part in an organisation’s ability to conduct an investigation internally. Complex investigations can be a huge drain on capacity.
- Internal Bandwidth: Does your HR team have 15–30 hours of uninterrupted time over the next 3 weeks?
- Subject Matter Expertise: Does the team have the required training, or understand the specific legal nuances (e.g., the Equality Act 2010 or Public Interest Disclosure Act)?
- Speed: Can you meet the Acas requirement of avoiding “unreasonable delay”?
What does a workplace investigation involve?
Workplace problems take many forms. They can range from grievances, dishonesty, poor performance and inappropriate behaviour, including violence, bullying, harassment or discrimination. Workplace problems can involve members of staff at all levels and embrace potentially criminal acts.
Comprehensive guidance is available from the Advisory Conciliation and Arbitration Service (ACAS) on how to conduct effective workplace investigations. The guidance shows the key phases involved:
- Organisational preparation
- The investigator’s preparation
- Handling investigation meetings
- Gathering evidence
- Report writing and recommendations
Following this guidance will help an employer deliver a good investigation. There is a lot here for employers to manage, and we know that some organisations deal with investigations infrequently. Many don’t have the time or trained resources to do them well.
How do you get the right support?
If your organisation needs to conduct a workplace investigation and you are concerned about how to go about it, Verita is here to help. We have more than 20 years’ experience in handling complex investigations, many of which have been in the public eye. We have a proven approach to the investigative process, and we have significant range and depth of resources to help your organisation manage any investigation.
If you choose Verita to conduct a workplace investigation for you, we will ensure it fits appropriately into your existing HR policies and ensure it is conducted independently, impartially and fairly. We also ensure compliance with the Acas Code of Practice on Disciplinary and Grievance Procedures to minimise the risk of an uplift in Tribunal awards for procedural unfairness.
As experienced independent investigators we will gather the facts and assemble the evidence in a case, but will, of course, leave the decision-making to your management.
We can deploy our people quickly to your investigation who have extensive senior management, legal and human resources experience. And our investigators are rigorously trained using a consistent approach to the investigation process.
Our team can help you manage the whole process of a workplace investigation…from agreeing the wording of the allegations or charges in disciplinary cases, through setting the best terms of reference for the investigation to providing a comprehensive report that sets out evidence, findings, conclusions and recommendations, if appropriate.
In addition to this, as workplace investigators we have drawn on our experience to provide a training course designed to develop the skills and knowledge of employers required to investigate workplace issues.
Why use external workplace investigators instead of internal?
- As an external investigator, not only is our service independent and impartial, we are able to rapidly assemble an investigation team for clients in need of urgent help.
- An employer is obliged, in conducting a workplace investigation, to ensure that it is fair and confidential, that any relevant internal policies are followed, that as much evidence and information is gathered as possible to support informed decision-making, and that the process is not designed to prove guilt but to establish full facts.
- An objective investigation can help avoid the 25% compensation uplift based on the updated Worker Protection (Amendment of Equality Act 2010) Act 2023.
- Those conducting an employment investigation should not, normally, be responsible for making the final decisions on the outcomes and subsequent actions by the employer.
- Failure to investigate properly can prejudice the fair handling of workplace problems. A poor investigation can lead to bad decisions that may be criticised in an Employment Tribunal in the event of a claim. These claims can cover unlawful dismissal, discrimination, detriment against whistleblowers, breaches of data protection rights and many other issues.
- Losing an Employment Tribunal can be very costly for an employer, not just in financial terms through the award of compensation, but in damage to organisational reputation. Not to mention the considerable management costs involved in preparing for a tribunal, engaging lawyers and producing documents and evidence for consideration.
- Avoiding costs and criticism should not, however, be the only reasons for handling workplace investigations correctly. Appointing an independent workplace investigator also helps to promote positive workforce relations by maintaining consistent and fair treatment of employees involved in investigations.
Our 6-Step Approach To Independent Workplace Investigations
For HR directors it helps to have a checklist on how to conduct a fair investigation. Our approach at Verita follows the same key steps below to ensure we take a comprehensive, consistent and managed approach to delivering the best outputs for our clients.
- Clarify the scope and terms of reference
- Select the investigation team (or solo investigator)
- Gather, record and evaluate the evidence
- Make findings and draw conclusions
- Make recommendations (if required)
- Report the outcomes
Key Team Members & Associates
David Scott is Verita’s associate director and HR expert, specialising in people and the workplace. He is an experienced human resources director, having worked at Board/Executive level for more than 20 years, including senior positions at British Telecommunications plc, HM Prison Service and United Utilities plc.
David has been interim HR director of First Group, the Strategic Rail Authority and was interim Director of Workforce and Strategic HR at Kent and Medway Strategic Health Authority from 2004-2005.
Peter Killwick
Peter has 25 years of consulting experience covering a variety of strategic and operational issues in a wide range of sectors including healthcare.
He has extensive experience of conducting complex investigations within the NHS, both at operational and commissioner level, including several cases involving allegations raised by whistle-blowers.
Kieren Seale
Legally qualified consultant Kieren Seale has a track record of bringing about change through clear thinking and analysis. He led many investigations across the charities, the NHS, and private healthcare providers. He also led Verita’s work in the field of complaints management. He ran training courses on complaints management and regularly speaks at conferences on the subject.
Other notable investigations that Kieran has worked on include an investigation following the suicide of a nurse at Imperial NHS Trust, an investigation into safeguarding concerns for the Green Party and an investigation into whistle-blowing allegations at a charity.
Our workplace investigation solutions
We provide impartial and effective investigations into workplace issues such as dishonesty, inappropriate behaviour and professional misconduct. For example, misuse of company resources or any behaviour by staff or management which doesn’t align with the company’s code of conduct or ethics.
We provide assistance to organisations looking to carry out an investigations into allegations of harm or unfair treatment in the workplace. We help with challenging and often complex investigations into bullying, harassment or discrimination.
If an employee has made a complaint about their working conditions, treatment or issues with colleagues or management, we can provide independent help with the investigation as well as provide guidance on disciplinary procedures to ensure that the employee’s concerns are dealt with fairly and understand whether unfair treatment has occurred.
If an organisation deems it necessary to carry out a formal investigation into serious or persistent poor performance, such as where performance management processes have failed, we provide help with all aspects of the investigation to establish the root cause and, if necessary, provide recommendations for improvement.
We help organisations maintain a safe workplace through independent investigations into workplace accidents or violation of safety protocols.
Our experience managing whistleblowing issues helps organisations investigate concerns raised by employees, ensuring the investigation is carried out in a sensitive and impartial manner to examine the issues and provide practical ways of resolving the conflict.
Our CPD-accredited workplace investigation training course will help organisations deliver fair and robust investigations to address workplace issues. Designed with ACAS guidance in mind, it is delivered by a highly experienced HR director and builds on our long experience of investigating workplace issues. The course will enable your organisation to develop investigators’ knowledge and skills to ensure a fair and consistent approach to investigations.
Workplace investigation FAQs
There are a number of situations where an employer should consider using an independent investigator. If the grievance involves senior leadership or a board member, or the internal HR team has close professional ties to the parties involved, an external investigator helps to ensure impartiality and avoid bias. Complex investigations involving whistleblowing or systemic discrimination require specialist fact finding, and cases which are likely to result in an employment tribunal require a report which stands up to scrutiny and demonstrates impartiality.
Yes. All Verita investigations are structured to align with the Acas Code of Practice on Disciplinary and Grievance Procedures. We ensure “unreasonable delay” is avoided, facts are gathered through a fair and transparent process, and the distinction between the “investigator” and the “decision-maker” is strictly maintained to protect the integrity of the outcome.
The timeline depends on the number of witnesses and the volume of evidence. Verita provides a clear “Terms of Reference” (ToR) at the start of every project, which includes an estimated timeline to ensure the organisation meets its duty of care to resolve issues promptly. Contact us to discuss your requirements and we can discuss an estimated timeline with you.
Yes. Beyond individual grievances, we conduct Independent Cultural Reviews. These are broader in scope and identify underlying systemic issues, such as “toxic” environments or departmental silos, providing organisations with a roadmap for positive and lasting changes to company culture.
Workplace investigation insights
Find out more
David leads our workplace investigation service. To find out more, please contact David Scott on 020 7494 5670 or [email protected]
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