When workplace disputes arise, many managers shoot first and ask questions later (HR always have to deal with the ‘bodies’!) Needless to say, this is likely to seriously flaw the disciplinary process and put the final outcome in doubt. It is vitally important to collect and consider all the facts before taking any action.
The fundamental purpose of a discipline or grievance investigation is to collect the facts. It’s no more difficult than that. But while a really rigorous investigation is essential to a well conducted process, many managers simply skate over the surface and either does not collect the relevant data or fail to take a sufficiently robust approach to data collection.
Problems with employees come in all shapes and sizes, from small matters such as timekeeping through to complaints of harassment, money or property going astray, poor work performance and accidents and injuries. When problems such as these occur, employers must investigate and determine, as far as is reasonably possible, what really happened. There is no magic formula for conducting workplace investigations. They vary based on the issues and the people involved. Some investigations will be completed quickly with no need to interview witnesses.
There most frequent problems are as follows:
Timing is everything. The investigation has to be done as soon as the organization becomes aware of an issue. Not only is it more difficult if you leave it longer, the argument can also be put that by leaving it, the there’s a clear indication that the matter isn’t serious.
Get professional help if needed. On occasions I have had to use private investigators (especially where there are concerns that an employee is working elsewhere) or digital forensic experts to examine a computer to establish the history. If you are considering this type of expert help, remember that information must be gathered in a way that is lawful and doesn’t breach human rights.
Impartial investigation. In a conduct matter, employment tribunals expect the investigation to be done by one person, the discipline hearing by another and the appeal, if any, by yet another. This is to ensure the fairest possible process. If the investigating officer also chairs the discipline meeting he will be both ‘judge and jury’.
Preserve the evidence. Where evidence may be destroyed or may deteriorate, take steps to quarantine or preserve it.
Get the full picture. Even where an employee throws up his hands and confesses, make sure you complete the investigation to ensure that you have gathered all the relevant facts, including mitigating circumstances.
Avoid these problems and you’ll find that your investigations go more smoothly. Happy sleuthing!
Kate Russell is the author of How to Get Top Marks in … Tackling Workplace Investigations
Russell HR Consulting provides expert knowledge in the practical application of employment law as well as providing employment law training and HR support services. For more information, visit our website at www.russellhrconsulting.co.uk or call a member of the team on 0845 644 8955.
Russell HR Consulting offers HR services to businesses nationwide, including Buckinghamshire (covering Aylesbury, High Wycombe, Milton Keynes, Bedford, Banbury, Northampton, Towcester and surrounding areas), Nottinghamshire (covering Chesterfield, Mansfield, Nottingham, Sheffield, Worksop and surrounding areas) and Hampshire (covering Aldershot, Basingstoke, Reading, Farnborough, Fareham, Portsmouth, Southampton and surrounding areas).
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