Investigations at Work: Step Six

By Mia Gaitely

HR Consultant

Step 6: After the investigation

If you are about to finish up a workplace investigation, you may feel a sense of relief  beginning to creep in. After weeks or months of fraught interviews and painstaking evidence collecting, there is now end in sight.

Employers must produce an objective and clear report detailing established, contested, and unsubstantiated facts. Avoid jargon, ensure evidence is organised and comprehensive, and base findings solely on facts only. The report should help inform decisions but not determine the outcomes.

An investigation report should cover: 

  • the facts that were established
  • the facts that were not established
  • whether there were any mitigating circumstances that also need considering

The possible outcome of the investigation could be:

  • formal action, where a disciplinary hearing / further investigation is the next step
  • informal action – solved internally
  • no further action

The decision you make as an Employer should be documented, and the employee should be informed in writing of this decision. Nockolds HR can provide the outcome of Investigation letter.

The final decision on next steps (e.g. disciplinary action) is made by a designated decision-maker, not the investigator. If the decision differs from the report’s recommendation, reasons must be recorded. Retain reports securely in line with data protection laws and prepare for possible tribunal disclosure.

When it comes to informing the alleged offender of the investigation findings, you should have two goals:

  1. Make the employee feel comfortable that they can continue with employment at your Company (if that’s indeed possible)
  2. Inform the employee that retaliation of any kind is unacceptable

You should inform witnesses that the investigation has ended and thank them for their time and co-operation during the investigation.

Nockolds HR can assist in this process and assist in a writing up the investigation report. For further information please contact one of our HR Consultants on 0345 646 0406 or fill in our online enquiry form.