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Workplace Investigations Training

Ensuring workplace investigations are fair and robust is not always easy but effective workplace investigation training is a critical ingredient in ensuring their quality.

 

The necessity and benefits of a fair investigation – and the importance of well-trained investigators

A workplace investigation is part of following a fair procedure.  The legal test is that your investigation should be “reasonable in all the circumstances”.  If a decision is found to be unfair in a disciplinary and grievance case there could be legal and financial consequences for your organisation.

There are plenty of benefits to employers of conducting quality workplace investigations including;

  • time saved on lengthy disciplinary & grievance processes – a good investigation can lead to a prompt resolution
  • better outcomes for employees means less anger and upset and as a result less escalation and ultimately less litigation
  • significant improvements to your organisation’s legal position, should a matter end up in an employment tribunal claim.

The skill and professionalism of the investigator is a vital component of conducting a fair investigation.  If your investigators are not trained to a sufficient level and their skills not refreshed regularly, the outcomes for all parties will be impacted.

Our training is designed and delivered by employment lawyers who regularly examine the impacts of flawed investigations.  They bring this experience to the training which keeps it both relevant and engaging for delegates.

(You might find these tips useful as well as details of our workplace investigation service page.)

Who is this training designed for?

Menzies Law’s workplace investigation training is a one-day intense course equipping attendees with the skills, strategies and confidence to set up, run and report on investigations in the workplace.

This training is suitable for anyone who may be required to conduct workplace investigations, including:

  • managers and supervisors
  • current in-house investigators like HR professionals
  • members of staff for whom it is important to develop investigations skills and knowledge
  • external HR Consultants called on to investigate workplace matters on behalf of their clients

Our training includes investigations for serious disciplinary issues and allegations of bullying, harassment and discrimination (where if upheld, a formal warning or dismissal may result).

 

Workplace Investigations Training content:

  • The Legal and Procedural Background including the purpose of a good investigation & importance of a fair procedure, the burden of proof, following internal policies, unfair dismissal: evidence and reasonableness, dealing with discrimination, harassment and bullying complaints
  • Planning the investigation including choosing a suitable investigator and their role, the importance of independence and managing bias, setting the scope and the Terms of Reference, determining the documentation and evidence is needed, planning for interviews
  • The interview process – structure (including listening and questioning techniques), controlling the discussion and staying focused, preparing interview records (how to capture what is said), tips for handling difficult witnesses
  • Evaluating the evidence and the investigation report including structure & contents, evaluating evidence, drafting findings/conclusions and making recommendations. We also cover common pitfalls and tricky areas like police involvement

Our training approach:

We use case studies, anecdotes of previous investigatory situations experienced by our lawyers to impart additional learning points and assist in embedding the training.  The content and layout of a decent investigatory report will be focused on, and examples provided.

Our training is very interactive and engaging.  Role-plays to provide the opportunity to learn and practice questioning skills and the general conduct of an investigatory meeting.

At the end of this course, you can expect your delegates to be highly trained workplace investigators able to assist you in making evidence-based, fair and objective decisions about resolving workplace issues.   This may include decisions invoking disciplinary sanctions and dismissal recommendations/decisions.

 

 

For information on this or any other employment law training, please get in touch with Lindsey Newman (lindsey@menzieslaw.co.uk / 0117 325 0526) or click below

 

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