At BuckettLaw, we have extensive experience advising and representing employers across a wide range of industries. Workplace complaints and allegations can be complex, sensitive, and disruptive—our team is equipped to guide you through the process with clarity and confidence.
Do You Need a Workplace Investigation?
Some complaints or personal grievances require a fair, thorough, and impartial investigation before any findings of fact can be made. For example, bullying or harassment allegations often need an investigator who is fully independent from the employer, particularly where impartiality could be questioned.
However, not all situations require a formal investigation. In some cases—such as when key facts are undisputed—an investigation may not be necessary, or it may be appropriate for the employer to conduct the process internally.
Small‑to‑medium businesses often face additional challenges. With fewer staff, it can be difficult to appoint an internal investigator who is free from conflicts of interest or prior knowledge of the matter. Even perceptions of unfairness can lead to employees challenging the process and increase the risk of employment disputes.
Why Legal Advice Matters
Before deciding whether to investigate—and what type of investigation is appropriate—it is important to obtain legal advice. Once an investigation begins, stopping it can be difficult and may create further issues.
Investigations can also be:
Disruptive
Costly
Lengthy
Damaging to working relationships
Independent investigations can be costly. For these reasons, investigations should be undertaken only when necessary and with a clear plan in place.
If you are a manager or director unsure whether an investigation is required, we are here to assist. We can advise whether:
An investigation should take place
It can be conducted internally
External independent investigation is needed
The process and structure are appropriate
Setting the Terms of the Investigation
If an independent investigator is engaged, it is crucial to establish clear terms of reference before the investigation begins. A fair process also requires consulting with affected staff about the investigation and its scope.
Once the investigation is completed, employers must continue to follow a fair process, including consulting with affected staff before adopting the investigator’s findings or initiating any disciplinary steps.
What a Good Investigation Looks Like
A robust workplace investigation should include:
1. Clear Scope and Terms of Reference
The investigation should not be open‑ended. A defined scope prevents the process from becoming a “moving feast” or being viewed as a fishing expedition.
2. Access to Relevant Information
The investigator must have access to all relevant documents, digital information, and witnesses. All records should be properly documented and retained.
3. Transparent Process for All Parties
The complainant and the respondent must understand the process, the scope of the investigation, and their rights.
4. Fair Opportunity to Respond
Before any decisions are made, the respondent must have the opportunity to comment on the findings and meet with the decision‑maker.
5. Confidentiality
All participants should receive clear instructions on confidentiality. Breaches may result in disciplinary action.
How BuckettLaw Can Help
Our experienced workplace investigators provide:
Independent, impartial investigations
Guidance and support for internal investigators
Clear, confidential, and cost‑effective processes
Robust planning and documentation
Advice before, during, and after the investigation
Whether you need a fully independent investigation or targeted advice to support an internal process, BuckettLaw can help ensure fairness, integrity, and compliance at every stage.
Need support with a workplace investigation?
Contact BuckettLaw today to discuss how we can assist with a discreet, effective, and legally sound investigation process.