Advice and representation for employers
Workplace Investigations
Workplace investigations can have consequences that stretch far beyond the initial complaint. Careers, reputations, regulatory obligations and key working relationships may all be at stake, as well as exposure to potentially expensive and damaging litigation.
When allegations are serious, sensitive or complex, the investigation needs to be independent, rigorous and handled with sound judgement from day one. The investigation also needs to be conducted with emotional intelligence, sensitivity and care, recognising the impact that being involved in an investigation can have on colleagues in the workplace.
BDBF has long acted as an independent investigator for organisations and advises both employers and individuals involved in workplace investigations. As specialist employment lawyers, we understand the legal issues that sit behind investigations. What sets us apart is our ability to balance these issues and the need to conduct a robust and defensible investigation with a deep understanding of the operational and human impact that being involved in an investigation can have on those involved, and our credibility, including with very senior people.
We work hard to ensure that the investigations we conduct are handled sensitively and with emotional intelligence to mitigate the effect on those involved from the outset. Our experience in conducting trauma informed investigations enables us to handle the most sensitive issues and people, and the ability of our team to connect with individuals on a human level means that our investigations find the balance of getting to the right outcome whilst minimising the personal impact.
For examples of the types of investigations we cover, see our recent experience below. We conduct investigations in the UK and internationally and can draw on a trusted network of overseas lawyers where local advice is required.
How BDBF can help
Conducting and advising on independent workplace investigations
We are appointed by organisations that need an experienced and independent investigator to examine serious, complex or sensitive workplace allegations.
We work with the organisation at the outset to establish clear terms of reference and the appropriate scope of the investigation. We then identify the relevant lines of enquiry, review documentary evidence, interview witnesses and prepare a clear, evidence-based report which we can present to senior stakeholders if required.
Our approach is rigorous but proportionate. We focus on the elements that need to be determined, while remaining alert to wider legal, regulatory and reputational issues that may emerge during the investigation.
Where appropriate, our reports include findings of fact and recommendations for next steps.
We also advise employers conducting investigations internally or through another appointed investigator, and can provide training for HR teams, managers and others responsible for workplace investigations, including training on handling and investigating complaints and preventing workplace harassment.
Our input is especially valuable where allegations involve senior employees and partners, where there is potential regulatory or other third-party scrutiny, or where an investigation could lead to disciplinary action, litigation or significant reputational or regulatory consequences.
Our recent experience and sector expertise
Our investigations work draws on the full breadth of our employment and partnership practice.
Our recent work includes conducting investigations into:
- complex allegations raised by a senior executive of a private equity-backed financial services company, including accusations of bullying, sex discrimination and equal pay issues which were raised against other members of a small Senior Leadership Team;
- anonymous whistleblowing disclosures regarding the culture of a large nationwide organisation and conducting a quasi-culture review as a result;
- escalation of risk at a large PLC, which involved interviewing members of the Executive Leadership Team and reporting the outcome to the Remuneration Committee with the Report informing bonus decisions;
- whistleblowing disclosures in an international FCA regulated financial services organisation, for the purpose of the firm considering its regulatory obligations;
- mis-selling at an inter-dealer broker, including gathering and assessing evidence and providing recommendations to mitigate regulatory risks;
- a collective grievance raised by ten employees involving 11 separate allegations. The investigation involved interviews with 17 individuals over a two-week period and resulted in five detailed investigation reports;
- sexual harassment concerning an individual working on a high-profile production for an entertainment company; and
- sexual harassment and inappropriate behaviour by an employee working overseas for a charity, with UK employment law applied to events that had taken place in another jurisdiction.
Our broader experience spans financial services, professional services, utilities, entertainment, technology, the NHS, healthcare and the charitable sector.
Our approach to independent investigations
Every investigation is different, but our process is structured and strategic with four key stages.
1. Initial consultation
We meet with you to understand your needs and agree on the process.
2. Planning and strategy
We develop a tailored plan, including terms of reference and timelines.
3. Evidence gathering
We assess the evidence carefully and objectively, including areas where accounts conflict or evidence is incomplete. We usually conduct interviews at this stage, which are handled with care and sensitivity. We adopt a people-first approach.
4. Reporting
We prepare detailed reports which will include findings of fact and, in some cases, recommendations for next steps. In addition to this being done in writing we will also, if requested, present to the group instructing us.
Speak to us
Workplace investigations often need to be handled quickly and discreetly.
If you need an independent investigator or advice on an investigation you are conducting, please contact Polly Rodway or your usual BDBF contact for a confidential discussion.
