Remember I shared with you a few weeks ago that August had been far from quiet. Well it continued to be totally crazy. We’ve never had such a busy August.

I don’t know what it was like for you, but some of our clients had some really big, nasty, issues to deal with.

What several of them came down to was that a robust investigation was needed.

Now as HR professionals, we are no Sherlock Holmes, Poirot or Miss Marple, but we do need many of their skills:

• Curiosity
• Ability to remain objective
• Interviewing skills
• Research and understanding
• Critical thinking

When a client comes to us with allegations about one of their employees, we often advise them that an investigation is needed.

This may be a series of interviews, collection of written statements, viewing of images or video, document collection and analysis, forensic accounting or forensic data investigation of electronic devices or data.

If the investigator believes that there is a case to answer, there is likely to be a disciplinary process. The key findings of the investigation will be presented to the employee by the disciplining manager, usually someone not involved in the investigation.

One key difference between HR / Employment Tribunals (ET) and a court is the need for proof.

In a court of law, the case must be proven beyond reasonable doubt.

In a disciplinary process or an ET you are looking for the balance of probability.

Is it a fair assumption that x has happened given the evidence presented? Has a fair process been followed? Has the employee been given the opportunity to present their evidence and what does that add to their defence?

As an HR practice, we get involved at different stages, in different ways, depending on the client and what they can handle internally and what they want external support with.

Over the years, we have seen and heard a lot!!!

Some of it utterly believable and some of it, pure fabrication.

Our investigative skills are improved each time we help manage a case. We learn where to look, what to look for and how some employees try to cover their tracks.

We are not detectives for murder cases, but we have been known to turn our hand to theft, fraud, sexual harassment allegations, bullying, discrimination, attendance issues and under performance issues. In some cases, we have referred to the police and in a couple of cases to the Serious Fraud Office!!!

What are you do to ensure that you protect your business?

What measures do you have in place in the event that you do need to carry out an investigation?

With employees having increased rights from day one of employment, having the right policies and procedures in place is essential.

Do you have a documented grievance, disciplinary and appeals procedure which start with a robust investigation?

If not, your action this week is to get these set up… properly!