Workplace investigations are often the foundation upon which significant employment decisions are made. Whether addressing allegations of misconduct, grievances, bullying, harassment, discrimination, or whistleblowing concerns, the quality of an investigation can have a direct impact on the fairness and defensibility of any subsequent action.
Employment tribunals do not expect employers to conduct perfect investigations, but they do expect them to take reasonable steps to establish the facts before reaching conclusions. The principles set out in British Home Stores Ltd v Burchell (1978) confirm that, in misconduct cases, employers must form a genuine belief in wrongdoing based on reasonable grounds following a reasonable investigation.
At the heart of every investigation are the questions asked. The way those questions are framed determines
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