Why Workplace investigations cause organisations headaches and how SMEs and Enterprises can stop the pain.

Workplace investigations are a legal and reputational minefield. Whether triggered by grievance allegations, misconduct, bullying, discrimination, whistleblowing or harassment, a poorly handled investigation can escalate into costly tribunal claims, damaged morale, and lost trust, especially if the process does not follow the ACAS Code of Practice on disciplinary and grievance procedures.

SMEs vs Enterprise: Different Struggles, Same Stakes

For SMEs, the challenge often lies in limited HR capacity, lack of formal processes, and pressure to act quickly. However, size is no defence. In Henderson v Granville Tours, the Employment Appeal Tribunal made clear that small firms must still conduct fair investigations, size does not remove legal duty.

Larger organisations face different pressures. Layers of policy and different ways of applying the process or templates, multiple stakeholders and the need to coordinate across departments can slow progress and create confusion about roles. When responsibilities are unclear, or when investigations lack consistency, outcomes can be questioned.

When Investigations Go Wrong

Some of the most common pitfalls in flawed investigations include:

• Not being clear on what allegations are being investigated which can result in wasted time and lack of relevant evidence.
• Delays that undermine evidence reliability or tribunal credibility.
• Concerns over impartiality, for example if an investigator is too close to those involved.
• Incomplete evidence gathering, leaving gaps that can later be challenged.
• Unclear or inconsistent processes, which can reduce confidence in the outcome.
• Inadequate and bias report writing, which expresses opions rather than findings of evidence.

Such mistakes can lead to unfair dismissal or discrimination claims, reputational harm, tribunal costs and loss of employee trust.

Why a Structured Approach Makes a Major Difference

A clear and consistent investigation process helps organisations of all sizes:

1. Establish fairness and credibility: defined Terms of Reference, impartial investigators, clear scope and realistic timelines, alignment with ACAS principles, consistency in approach.
2. Reduce legal risk: prompt, thorough fact-finding demonstrates reasonable employer conduct and mitigates tribunal exposure.
3. Strengthen evidence: consistent and comprehensive documentation of witness interviews and records makes findings more robust.
4. Protect confidence in the process: clarity around roles and responsibilities helps all parties trust the investigation.

Your Free 10 Step Guide to Workplace Investigations

To support organisations in navigating these challenges, Impact Lawyers has developed a free 10 Step Guide to Effective Workplace Investigations. This practical guide outlines the key steps for carrying out structured and consistent investigations from start to finish, helping leaders and HR teams manage cases fairly, promptly and with confidence.

For access to further resources, including templates, checklists and specialist training on investigation skills, please contact us directly at contact@impactlawyers.co.uk.

Avoid the headache, safeguard your business and ensure investigations are trusted by staff and legally sound. Download your free 10 Step Guide today from Impact Lawyers.

Download Your Free Guide