GRIEVANCES, DISCIPLINARY AND CASE TO ANSWER

The law expects that employers will take employment decisions fairly and reasonably when conducting workplace investigations.

An investigation is a process of gathering all the necessary and relevant information. Then, the employer can make an informed decision on how to deal with the situation. In disciplinary and grievance matters, establishing the facts of is fundamental to dealing fairly with everyone involved.

In most cases, an employer can and should deal with an investigation internally. Occasionally however, the employer may benefit from some external support from an independent investigator.

WHY APPOINT AN INDEPENDENT INVESTIGATOR?

There are several reasons why an employer might decide to appoint an independent investigator to carry out workplace investigations.  These include:

  • The people who would usually conduct or support an investigation are somehow involved in the matter to be investigated;
  • The situation is unusually complex.  This can mean that the skills needed to conduct the investigation are not available in-house.
  • The organisation does not have a person it can dedicate to an investigation due to pressures of work;
  • The matter is internally sensitive and an independent person is needed for everyone to have faith in the outcome.
Paul conducting workplace investigation

WHY USE YESS LAW?

We are a charity committed to the resolution of employment disputes without litigation. We believe that an impartial and independent investigation can form a strong basis for the fair resolution of many workplace issues.

Our lawyers have extensive experience in this field, in both private and public sector organisations.

We set sensible and reasonable parameters for our work and provide terms of reference at the outset. We won’t get side tracked by minor issues or go beyond our fact-finding role.

We are non-profit making and can therefore offer affordable fixed fees for carrying out this work. We calculate our fees based on the size and resources of the employer so that our services are accessible to any organisation who needs them.

Find out more about our experienced investigators here or get in touch.

What employers say

Trustree and Solicitors profile

Jo Galbraith-Marten

Director of Legal Services, Royal College of Nursing

We instructed YESS to conduct a complicated and sensitive internal investigation with multiple complaints.

The entire investigation was carried out virtually [and] we received a lengthy and comprehensive report.

I would highly recommend YESS in respect of internal investigations.