If so, you’ll know it’s a knotty time, often bringing multiple “he said / she said” perspectives and accounts. You could deal with it on your own but it’s safest to hire a Licensed Private Investigator, who’ll get to the heart of what happened then present you with their findings

Workplace dynamics have shifted in recent years. Not only has there been a leadership shift from “command and control” to a more empathetic, people-centric style, but there is also greater acknowledgement of the intersection between personal and professional lives. Add into the mix employment legislation that provides a high bar of rights for employees, and you have a melting pot of complexity to navigate.

Employers have an obligation to act in good faith, be fair and reasonable, and protect their staff from harm. This means that you as an employer may find yourself with a workplace situation that requires investigating, including internal allegations of fraud, bullying, harassment, privacy breaches or for any matter where bias may be alleged.

Before you dust off your trench coat, it is important to assess whether you have the time and expertise to conduct a fair and thorough investigation. There are thorough criteria for procedural fairness, so outsourcing to an expert can mitigate potential risk of an employment dispute, especially if the situation is particularly complex and/or sensitive.

Workplace investigations are multifaceted processes that require a deep understanding of employment laws, organisational policies and investigative techniques. Unlicensed or inexperienced individuals may inadvertently overlook critical details, leading to incomplete or biased outcomes. A licensed workplace investigator brings a wealth of knowledge and specialised skills to the table, ensuring a thorough and impartial investigation.

How does it work?

A common misconception is that the private investigator will do the entire process for you, when the reality is that they are only engaged for the investigation component. This means they are only establishing and documenting the facts and will not influence any actions or outcomes. 

A key component of any investigation is impartiality. Licensed workplace investigators are trained to approach each case without preconceived notions, focusing solely on the facts. This objectivity is crucial in building trust among employees and ensuring that the investigation's findings are credible and defensible. An internal investigation conducted by someone with potential biases or conflicts of interest can undermine the process and lead to allegations of unfair treatment.

Should the investigation be outsourced, the investigator will draft a “terms of reference”. This is a critical part of the process as it provides the scope for the investigation, along with other information such as who the decision maker is, who the investigator should speak to, and any other relevant details.

The investigator then reviews the applicable information and conducts interviews with the relevant parties, before writing and providing a report with the findings of fact, including an assessment of credibility, evidence relied upon and the reasoning for the conclusions.

The employer will then take the report into consideration when deciding on what, if any, action to take. However, they should not just accept the findings; if the matter was an allegation of misconduct, then a normal disciplinary process should follow. 

Why regulate this work?

In 2020, the Private Security Personnel Licensing Authority (PSPLA) clarified that external parties engaged to complete a workplace investigation fall under the definition of a private investigator under the Private Security Personnel and Private Investigators Act 2010 and therefore must be licenced to undertake such work. This regulation ensures that only those with adequate training and skills are approved, and also provides an independent avenue should there be recourse or complaints about investigators’ conduct.

The importance of PI certification came to the forefront after a landmark case in 2020, in which a workplace investigation was deemed to have breached the Act because those who conducted it did not hold private investigator licenses or appropriate certification at the time.

Steps in conducting a workplace investigation

Regardless of whether or not you choose to use a private investigator, here are the steps to take during an investigation.