The definitive UK guide to conducting fair, legally sound workplace investigations - now in its fully updated fourth edition. Every HR professional knows that a botched investigation can destroy an unfair dismissal defence, trigger costly tribunal claims and poison workplace relationships. Yet despite the high stakes, most managers receive little practical guidance on how to investigate properly.
This book changes that.
Written by employment law barrister Daniel Barnett and HR consultant Mike Clyne,
Employee Investigations takes you through every stage of the process - from deciding whether to investigate at all, through to writing a report that will withstand tribunal scrutiny.
The book addresses the real difficulties: employees who refuse to cooperate, solicitors who write inflammatory letters, grievances raised after employment ends, and managers who want to steer the outcome. It explains where HR's involvement must stop and the investigator's independence begin.
Inside you'll find practical answers to questions like: - When should you investigate - and when is a full investigation overkill?
- How do you handle anonymous informers or whistleblowers?
- Should you suspend the employee, and if so, how do you avoid a constructive dismissal claim?
- What happens when the police are involved?
- How do you assess witness credibility when accounts conflict?
- What should the investigation report actually contain?
- How do you manage the aftermath once the investigation concludes?
What's new in the Fourth Edition: This edition adds three entirely new chapters addressing the challenges HR professionals face in today's workplace:
- Investigating senior employees - handling the governance, regulatory and confidentiality issues that arise when directors and executives are under scrutiny
- Remote investigations - practical guidance on conducting fair interviews by video, managing technical issues and maintaining procedural integrity
- Pre-determined outcomes - how to spot (and avoid) the common traps that lead tribunals to conclude an investigation was a sham
Features include: - Step-by-step guidance through each stage of the investigation process
- Checklist of qualities to look for when appointing an investigator
- Detailed guidance on questioning techniques - open questions, probing questions, closed questions and summaries
- Template investigation plan based on Acas guidance
- Practical advice on note-taking, audio recording and handling electronic evidence
- The complete Acas Code of Practice reproduced as an appendix
Whether you're conducting your first investigation or your fiftieth, this book gives you the confidence to do it properly.
About the authors: Daniel Barnett is an employment law barrister and founder of the HR Inner Circle, the UK's leading support community for HR professionals. Mike Clyne founded FeMan Consulting after a career in HR across Ford and City investment banking.
