The law expects that employers will take employment decisions fairly and reasonably. An investigation is a process of gathering all relevant information to allow an employer to consider it and then make an informed decision on how to deal with the situation. In disciplinary and grievance matters, establishing the facts of the situation is fundamental to dealing fairly with the people involved.
In the vast majority of cases, an employer can and should deal with an investigation internally. Occasionally however, the employer may benefit from some external support form an independent investigator.
Why appoint an independent investigator?
There are several reasons why an employer might decide to appoint an independent investigator, including:
- The people who would usually conduct or support an investigation are somehow involved in the matter to be investigated;
- The situation is unusually complex and 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.
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.
You can find out more about our investigators here:
Camilla Palmer QC (Hon)
Refer with confidence
Often an employer will be advised by legal or other professional advisers that an independent investigation would be appropriate. We are happy to chat through our approach to investigation work with professional advisers who may be asked for recommendations in this area.