Workplace investigations are under more scrutiny than ever

If a case reaches tribunal and with current waiting times, that could be three or four years after the investigation took place. The quality of your evidence gathering will be front and centre.

At Impact Lawyers, we run regular webinars for HR professionals and in-house teams on all stages of the investigation process. Our most recent session focused on evidence gathering, and it threw up some really important lessons.

Map your evidence before you gather it

One of the most common mistakes investigators make is diving straight into interviews and evidence gathering without first mapping out what they actually need to find.

We use a concept called lines of inquiry for each allegation which maps out:

• the questions that need to be answered
• what evidence proves or disproves this
• where to get that evidence from

Done properly, this creates a living tracker for the whole investigation. It documents what you looked for, what you found, what you discounted and why.

That matters enormously if you are ever challenged. One of our colleagues gave evidence at tribunal recently and faced tough questioning about why she had not pursued certain evidence. Had she had a documented map of her decision-making at the time, those questions would have been much easier to answer.

The lesson: slow down to speed up. Evidence mapping feels tedious. It protects you.

Don't overlook specialist evidence

Sometimes the evidence you need cannot be gathered in-house. That is where specialists come in.

Our guest at this webinar was Abi Carter of Forensic Resources Ltd, a forensic science consultancy that provides expert witness services and specialist evidence gathering support.

Abi spoke about areas including:

• drugs in the workplace testing
• digital forensics
• CCTV enhancement
• audio analysis

All of these can arise in employment investigations.

A key takeaway from Abi's session: many of these areas require preparation well before an incident occurs.

For example, workplace drug testing requires:

• a policy with precise wording
• a registered testing provider
• a clear process

Acting before a confirmed lab result is one of the most common and costly mistakes organisations make.

You can find out more about Abi and the services Forensic Resources offer at Forensic Resources Ltd.

The bottom line

Evidence gathering is not just about collecting documents and interviewing witnesses. It is about discipline, documentation and knowing when you need expert help.

Get it right and you protect your organisation.

Our Head of Neuroscience and Leadership Strategy, Clive Hyland, also reminded us that the human element matters too. How investigators manage their own energy, bias and decision-making under pressure is just as important as the process itself.

Get it right and you protect your organisation. Get it wrong and you may find yourself in a tribunal years later trying to explain decisions you can barely remember making.

If you would like to discuss workplace investigation support or training, please get in touch at contact@impactlawyers.co.uk or email victoria.hall@impactlawyers.co.uk.