How we investigate
Every investigation is planned around the circumstances of the case and the Terms of Reference we agree with you. The aim is to establish the relevant facts and give you a clear, evidence-based assessment you can rely on.
Our investigations follow the principles of fairness, impartiality, confidentiality and reasonable enquiry set out in the ACAS Code of Practice and its associated guidance.
MCIPD-qualified investigator
20+ years in HR and employee relations
In line with the ACAS Code of Practice
Strictly confidential
Quick Navigation
What an investigation involves
No two cases are the same, but an investigation will normally include the following stages.
- Establishing the allegations or matters to be investigated and defining the scope.
- Identifying the main parties, relevant witnesses and possible sources of evidence.
- Reviewing relevant policies, correspondence, records, documents, messages and other available evidence.
- Interviewing the complainant, the respondent and relevant witnesses.
- Giving each party a fair opportunity to give their account, respond to relevant evidence and suggest further information or witnesses.
- Carrying out follow-up enquiries or interviews where clarification or further evidence is reasonably needed.
- Considering the evidence that supports each allegation and the evidence that contradicts it.
- Assessing how relevant, consistent and reliable the evidence is, and how much weight it should carry.
- Preparing a written report setting out the evidence considered, the factual findings and the conclusions on each matter in the Terms of Reference.
The investigator uses professional judgement to decide how far enquiries need to go. The goal is an investigation thorough enough to reach reasonable conclusions.
That doesn't always mean interviewing every possible witness or following every conceivable line of enquiry. Keeping the investigation proportionate also keeps the time, cost and disruption in line with the seriousness of the matter.
Keeping you informed
Agreed check-ins
Update points set at the scoping stage, so everyone knows when to expect news.
Early warning
If timings shift or new issues emerge, we tell you straight away.
The right people informed
For referred cases, we agree with you and your client who receives updates.
How the evidence is weighed
- Documents and records created at the time
- How consistent each account is with the other evidence
- Evidence that corroborates or contradicts an account
- The chronology and the surrounding circumstances
- How plausible each account is
- How reliable someone's recollection is likely to be, where that's relevant
Findings are normally reached on the balance of probabilities. In plain terms: having considered all the available evidence, is it more likely than not that the event or conduct happened?
WHAT "NOT SUBSTANTIATED" MEANS
If an allegation is found to be not substantiated, it doesn't mean the investigator has concluded it was deliberately false. It means the available evidence doesn't support it to the required standard.
Independent and fair to everyone involved
The investigator approaches each case with an open mind and considers the evidence both for and against every allegation.
Any actual or potential conflict of interest that could reasonably affect independence is identified and considered before the investigation begins.
Everyone taking part has a reasonable opportunity to explain their position and provide evidence. Reasonable adjustments, interpretation support or other arrangements can be made where appropriate.
Confidentiality
Information gathered during an investigation is treated confidentially. It’s shared only where reasonably necessary for the investigation, the decision-making process that follows, or to meet legal or regulatory obligations.
We’re honest with participants that absolute confidentiality can’t always be guaranteed. For the process to be fair, evidence sometimes has to be put to another person in enough detail for them to respond to it.
What the findings cover, and what they don't
The investigator’s role is to establish the relevant facts and reach independent findings on the matters set out in the Terms of Reference.
Unless they are specifically included in those Terms of Reference, the investigator doesn’t decide whether disciplinary action should follow, what sanction should apply, or what wider management action should be taken. Those decisions stay with the organisation.
Findings reflect the evidence reasonably available when the investigation concludes. Any significant limitations are set out in the report, so you know exactly what the conclusions are based on.
- A written report covering each matter in the Terms of Reference
- The evidence considered
- The facts established
- Clear conclusions on each allegation
- Any limitations that affected the investigation
- Board and director debriefs, with wider organisational observations and recommendations, can be provided separately.
Tribunal support and preparation
Most investigations never reach a tribunal. When one does, the pressure can be considerable. Our experienced team offers calm, objective support throughout, so you’re well prepared for each stage of the process and able to respond with confidence under pressure.
Because the investigation was carried out to a high standard from the start, you’ll have a clear, well-documented account of the process, the evidence and the findings to work from. We work alongside your legal advisers rather than replacing them.
Know what's coming and what will be expected of you.
The process, evidence and findings set out in a way that stands up to questioning.
Working alongside your legal advisers when the pressure is on.