From the BBC to other household‑name organisations, recent high‑profile cases in the media have put workplace conduct firmly in the spotlight. While these cases are often complex and fact‑specific, they all underline the same message: getting workplace investigations wrong can carry serious legal, reputational, and operational consequences.

Workplace investigations are rarely straightforward. Whether dealing with grievances, disciplinary issues, or whistleblowing allegations, employers must navigate legal risk, procedural fairness, and sensitive employee relations, often involving both senior and junior staff.

In recent months, we have been assisting an increasing number of employers and executives with workplace investigations. Our support can range from advising on process and best practice where investigations are being handled internally, to carrying out investigations independently where this is appropriate to ensure a robust and impartial approach.

The benefits of instructing a specialist offer a range of benefits for employers:

Expertise

External investigators typically specialise in workplace investigations and are often highly skilled in identifying issues, conducting interviews, testing and analysing evidence.

If investigations are not handled properly, there can be serious legal, financial and reputational consequences for the business. If a disgruntled employee who is subject to an investigation were to bring a claim, the employment tribunal would scrutinise the investigation process and any findings. Ultimately, many unfair dismissal cases are won or lost on the reasonableness of the investigation.

Given our team’s expertise in employment law, we understand the approach that tribunals would take when considering an investigation and can ensure that any investigation is robust and procedurally fair.

Impartiality

An external investigator can approach the case with a completely neutral perspective, ensuring that the investigation is carried out fairly and impartially. This can avoid the perception of bias and reduces the likelihood of the findings being successfully challenged.

This impartiality fosters trust in the process and ensures that the investigation is seen as legitimate and thorough because interested parties need to have confidence in the findings.

Disruption

External investigators dedicate their time to conducting investigations, selecting the interviewees, contacting them and setting up an appropriate and supportive communication approach. Managing investigations discreetly and independently can minimise workplace disruptions, save management time and allow business operations to continue as smoothly as possible.

AI

Increasingly practitioners in this space are seeing an increase in what some term the ‘kitchen sink’ grievance fuelled by the ubiquity of generative AI tools like ChatGPT. A recent report published by the employment tribunals national user group also noted a similar trend of increasingly convoluted claims. This can lead to needless complexity when individuals submit grievances and/or whistleblowing allegations. However, the advantage of instructing the team at Berry Smith in such situations is that we are experts in this area and able to draw on our extensive experience dealing with unrepresented parties as part of the tribunal process. In the investigation context this means we can sift through convoluted AI submissions and concentrate on the key issues for your organisation from a cultural and legal standpoint.

Support with cultural change

Even if an investigation does not make any adverse findings against an employer, there can be learning points for the organisation to implement to foster a positive culture. We are happy to recommend such changes and refer you to expert partners who can assist you with implementing our recommendations.

Legal advice or training

Even if you would like to deal with any investigations internally, we can be available to provide you with legal advice in the background to minimise the risk that an aggrieved employee may bring a successful claim. Any advice given in this context would be legally privileged meaning that it is confidential and not disclosable in the event an employee makes a subject access request.

We are also able to offer training about conducting such investigations and can tailor as appropriate for senior executives or more junior members of staff.

If you wish for us to take charge of any internal investigations, or provide the relevant legal advice in the background, please feel free to contact us at 029 2034 5511 or employment@berrysmith.com if we can be of assistance.