Workplace Investigations top tip number five: How to report your investigation findings? 

Workplace Investigations top tip number five: How to report your investigation findings?

Over the past five weeks,  Chloë Leyland, Employment Partner at gunnercooke, has been sharing her top tips on how to carry out an effective workplace investigation. In this final part, she discusses what to do post-investigation.

More specifically, she delves into how you should report your investigation findings to ensure a fair and practical outcome.

How to report your investigation findings:

After completing the investigation, and considering any further evidence, the investigator should report their findings in a well-structured investigation report.

The ACAS Guidance for Conducting Workplace Investigations recommends that the investigation report should be in writing, and include the following:

• An introduction to the investigation to include the scope and what facts the investigator has been asked to establish.

• The process of the investigation (i.e. details of the witnesses, how evidence was collated and whether any evidence could not be obtained).

• The findings which will usually include a summary of the witness evidence and whether there is any evidence to support the allegations or complaint.  The report should also set out if there are any facts which could not be established and why not. 

• The investigator should set out whether there are any mitigating circumstances which could affect the outcome (for example whether any relevant policy was known to an employee, or whether an employee was subject to provocation).

• There should be a conclusion drawn by the investigator and any other recommendations if appropriate.  This could include a recommendation that the matter proceeds to a disciplinary hearing, or that a grievance should be upheld (in part or in full).

• Copies of relevant documents (including witness statements) should be appended to the report and retained as per the company’s data retention policies.

From a practical perspective, the investigator may also consider the length of the report, the more complex the matter is, the more detail would likely be needed. Additionally, they must ensure confidentiality of the results, as the report is shared in confidence with a relevant decision maker who will then determine the next steps.

Finally, remember that there should be open communication with the employee(s) being investigated and be informed that the investigation has been complete and what they should expect next.