Employers should initiate a workplace investigation promptly when they become aware of a potential issue or complaint. Acting quickly is crucial to ensure a fair and effective investigation process.
Key triggers for starting an investigation include:
Allegations of misconduct.
Complaints of bullying or harassment.
General grievances raised by employees.
Concerns reported through whistleblowing procedures.
When an employer discovers or is made aware of such issues, they must commence a fact-finding investigation without delay. Any unreasonable postponement could be detrimental to the investigation and its ultimate outcome.
Legal implications of delayed investigations
Failing to start an investigation promptly can have serious legal consequences for employers:
It may invalidate subsequent decisions made by the organisation.
It could leave the employer vulnerable to legal challenges.
Unreasonable delays in following the ACAS Code of Practice on Disciplinary and Grievance Procedures can lead to adverse findings in employment tribunals, potentially increasing compensatory awards by up to 25%.
Considerations for timely investigations
When deciding to initiate an investigation, employers should:
Act as soon as they become aware of a complaint or issue.
Consider whether informal resolution methods have been exhausted.
Assess the seriousness and complexity of the allegations.
Determine if immediate action (such as suspension) is necessary to protect the investigation process, the organisation, or other employees.
Additional considerations
From October 2024, there will be a new obligation on employers to take reasonable steps to prevent sexual harassment. If a worker raises a concern regarding this type of harassment, it is imperative that the employer acts quickly to establish the facts and mitigate against potential future claims.
While prompt action is crucial, employers should also ensure they have gathered sufficient information to justify starting a formal investigation. In some cases, it may be appropriate to conduct preliminary inquiries before launching a full-scale investigation.
Employers should be prepared to explain any delays in starting an investigation, as unnecessary postponements may give the perception of unfairness.
Further reading
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