Independent Investigations: Why use Counsel for workplace investigations?

22/05/2025

By Liz Cunningham

Independent 

At Guildhall Chambers we have built an Investigations Team comprising barristers with real expertise from years of experience working on the most complex and sensitive matters across all sectors. Using in-house staff for investigations diverts them from their primary responsibilities, impacting overall productivity and delaying the outcome of the investigation. By outsourcing investigations, organisations can ensure employees remain focused on their core duties, Clients have told me that they have benefited from access to a skilled professional – who is at arm’s length from the stakeholders but who can get to the heart of the matter quickly. Obtaining independent evidence leads to the production of an accessible, comprehensive report which clients have said are ‘comprehensive’ ‘thorough’ and ‘invaluable’. High quality reports, that are sometimes referenced and tested in Tribunal proceedings are a key reason to commission an experienced investigator.  Truly independent investigations enable organisations to make informed decisions quickly, avoiding extended periods of uncertainty and financial loss. When an investigation is commissioned, the name and experience of the investigator should reassure stakeholders, not suggest that the ‘independent investigation’ is just seen as a tick box exercise with a foregone conclusion. 

Robust

For employers, workplace investigations are a core part of managing– and emerging from- challenging and contentious matters raised by employees. A well conducted independent investigation ensures that you have secure knowledge of what happened and who did what. With first-hand experience of the forensic testing of evidence and the management of witnesses in court, my approach to interviewing yields probative evidence effectively and thoroughly during the investigation process. The quality of evidence is key to arriving at robust findings, made on the balance of probability, which support the employer in determining what should happen next. From what I have consistently seen whilst carrying out complex investigations it is the quality of the evidence and the clarity of the analysis and findings that have put the commissioning client on solid ground, not just in response to the matter in hand, but also to develop trust and confidence within their staff about the worth and effectiveness of the organisation’s response to grievances and alleged breaches of dignity at work. 

Flexible

Our ability to respond swiftly and dedicate focussed time will enable you to resolve even the thorniest of issues more quickly and impartially than finding an in-house investigator. We use a trusted third-party transcription service which provides the most accurate records of interviews, quickly and confidentially. These resources: independence, rigour and flexibility which might be costly and difficult to find in-house, are part of our toolkit, providing a cost-effective solution.

Cost

Bringing in an investigator can significantly reduce costs overall compared to using in-house personnel. You only pay for services as needed, and familiarity with the investigation processes at Guildhall Chambers means we can embark on and complete the work more quickly than in-house staff. This reduces the time spent on investigations, which in turn lowers costs. Our daily rates are highly competitive, and we approach pricing flexibly – we know that one size does not fit all, and our clerking team is adept at supporting you in terms of fees, setting timetables for interviews, updates, and a post investigation de-brief. 

Summary

Overall, leveraging the expertise of an experienced investigator ensures a genuinely independent and rigorous process ultimately saving time and money while allowing in-house staff to focus on their primary roles and supporting the organisation to move on from the complaint or grievance.