Do your managers:

  • appreciate that investigations are the most critical stage of any procedure?
  • ever predetermine the outcome of a procedure, therefore making any decision reached potentially unfair?
  • understand how to present their report and the supporting documents required?
  • know what to do if a witness refuses to give a statement?
  • understand that they may be a key witness in any subsequent Employment Tribunal claims?

Aim

Being able to carry out a through investigation is an essential skill for managers. A defective investigation will render most dismissals unfair and increase the risks associated with discrimination claims. 

A careful and thorough investigation into grievances, harassment complaints, disciplinary and capability issues is central to managing financial and reputational risk and is the foundation to defend any resultant tribunal claim. Employers wishing to reduce risk, create and maintain a positive workplace culture and foster confidence in management need to have experienced and trained manager investigators available at short notice to conduct workplace investigations as the need arises.

This module is aimed at supporting managers to help them understand what the law and best practice demands of investigators and their investigations, how to conduct a good investigation and write a credible and reliable report. 

Objectives

The objective of this half-day workshop is to ensure that delegates:

  • appreciate the legal context in which investigators operate and enable managers to understand the importance of their role as investigators
  • understand the key points to consider in carrying out an investigation from agreeing the terms of reference, taking good interview notes, to writing the report 
  • understand where things can go wrong and how to avoid the bear traps
  • appreciate the importance of following procedures and policies and the ACAS code
  • know how to write an investigation report.

Course outline

  1. When are investigations needed?
     
  2. What is the purpose and aim of a good investigation?
     
  3. Initial considerations
    • Who should investigate?
    • What are the terms of reference?
       
  4. The investigation – tricky issues:
    • Proportionality and surveillance
    • Interview technique
    • Reluctant witnesses
    • Data protection and confidentiality issues
    • Police involvement
    • Discrimination issues
       
  5. How to write the investigation report

To discuss your specific requirements and get a quote, please contact our Head of Training Catherine Johnson on 01473 299174, 07786 265654 or [email protected]

For some, Birketts LLP is ‘the best employment firm in the region’.

Legal 500 UK 2016