We have adopted a specialist team approach to our practices for many years. We feel that this is the way our clients want us to work, and that specialisation leads to the provision of a better service.
We have adopted a specialist team approach to our practices for many years. We feel that this is the way our clients want us to work, and that specialisation leads to the provision of a better service.
Insights
04/09/2025
This is the third of Liz Cunningham’s articles about best practice when doing Independent Investigations.
The first two can be found here:
Why use Counsel for independent workplace investigations? – Guildhall Chambers
Independent Investigations: The importance of Terms of Reference – Guildhall Chambers
AFTER THE REPORT COMES IN…
Nothing will dissolve engagement among staff quite like an investigation ‘that didn’t make any difference’ or outcomes and findings that were ‘just ignored’.
When an organisation has taken the time and invested the resources to commission an independent investigation, the returns will only come if there is a plan about what happens next. So, whilst the investigation is happening – but separate from it! – the employer must do some scenario planning and work through issues such as:
These are just some questions that should be thrown up by an investigation process where more complex matters are being considered, and they are matters which even the most experienced HR Teams will find challenging. On the last bullet point, the Red Bull investigation into alleged harassment by Christian Horner – carried out (in record time!) by an unnamed KC, and that made unpublished findings – might well have seen the directors able to rub their hands and ‘move on’, but the optics were not good and it backfired in that it generated allegations of a ‘fix’ and damaged the brand’s credentials as a fair and progressive employer.
As part of the initial scoping, an investigation process should include a plan that runs alongside what the investigator is doing so that when the report comes in, it is immediately reviewed and actioned. This means the investigation process delivers its full value. Whether you are the employer or you are working with a client as they navigate an investigation process, a clear post-investigation plan is crucial and this should include a ‘dissemination and communication’ strategy. The Post Office learned the importance of failing to do this and the public inquiry has illuminated how serious that shortcoming was.
Whilst remaining independent, I regularly work with commissioning managers to develop a fair post-investigation ‘action and communication’ plan – it’s part of my job to help organisations to get the most out of the work I have done; meeting the needs of the alleged perpetrator and the needs of the organisation and maintaining or healing workplace relationships, is part of the post-investigation debrief.
If you need assistance with drafting Terms of Reference or conducting an independent investigation, please feel free to reach out. Our team is here to support you every step of the way.
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