In our latest workplace investigations webinar, we focused on Phase 2 of our investigation structure: evidence gathering. Specifically we focused on interviews as one of the most important evidence sources in any investigation.
Phase 1 (planning and preparation) sets you up to succeed; Phase 2 is where you test what happened by gathering the right evidence in the right way.
1) Technical preparation: your ''life belt''
A strong interview starts long before anyone sits down. Effective investigators link every interview to a specific evidence gap, based on clearly defined allegations and “lines of enquiry”. From there, interview planning becomes disciplined rather than reactive: sequencing witnesses, nailing logistics (privacy, timings, note-taking approach), and using a consistent introduction/closing structure to build credibility and procedural fairness. Done well, this preparation reduces errors that are hard to unpick later.
2) Human behavious: getting people out of survival mode
Interviews aren’t just technical. They are deeply human. Our adapted “change curve” allows interviewers to work through the instinct and high-alert state, which limits openness and accuracy through to openness and good evidence. Rapport isn’t about being informal; it’s about helping someone feel acknowledged and safe enough to move into a reflective space where useful evidence emerges. Your presence matters and people pick up quickly if you’re distracted or performative.
3) Practical techniques can improve outcomes
Simple tools can help build confidence in interviews and a good questioning funnel can map the interview change curve. These questioning techniques can also help interviewers avoid storytelling or opinion-sharing; treat emotions as data, not evidence and build in a self-check (“am I neutral enough today?”).
In summary
Effective interviews combine process discipline with human skill and practice.
If you’d like support, we provide training, investigation toolkits, audits, templates, and investigator coaching. If Phase 2 is where your investigations wobble, we can help you steady it.
For further information, please contact victoria.hall@impactlawyers.co.uk
This article is for general information purposes only and does not constitute legal advice. The information provided is correct as at 27th February 2026. For advice on your specific circumstances, please contact Impact Lawyers.