Workplace investigations
Need an investigation? It has to be fair, and seen to be fair.
An investigation that looks biased is worse than no investigation at all.
Something has been alleged, a grievance, misconduct, bullying or harassment, and it needs to be looked into properly. If you're too close to the people involved, an independent investigator protects both the outcome and the business.
Supporting owner-managed businesses across Oxfordshire, Wiltshire, Berkshire and the UK.
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★★★★★ 5.0 from 17 Google reviews · FCIPD Chartered Fellow
Written and reviewed by Samantha Newton FCIPD, Chartered Fellow CIPD · 25+ years' employee relations experience · Last reviewed June 2026
At a glance
- What it is
- Impartial fact-finding before a grievance or disciplinary decision.
- Main risk
- A biased or incomplete investigation collapsing the whole process.
- First step
- Agree a clear, written scope.
- Typical timescale
- Usually a matter of weeks.
You need the facts, and you need the process to stand up.
An allegation has been made. It might be one employee against another, a formal grievance, or a suspicion of misconduct. Either way, you can't act on it until you genuinely know what happened.
The problem is that in a small business, you usually know everyone involved. That makes it very hard to investigate credibly yourself. If the people involved, or a tribunal, believe the investigation was biased, the whole process collapses, however serious the conduct.
A proper investigation establishes the facts fairly, gives everyone a chance to be heard, and produces a documented report you can actually rely on to make a decision.
Typical situations supported
If any of these sound familiar, you're in the right place.
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Where workplace investigations go wrong for employers
Most investigations fail not on the conclusion but on how they were run. The common mistakes are predictable and avoidable:
The investigator is too close to one or both parties to be seen as fair
Conclusions are reached before all the evidence is gathered
One side is interviewed properly and the other is not
The scope drifts, turning a single allegation into a fishing exercise
Findings aren't properly documented, so they can't be relied on later
Confidentiality slips, and the process is tainted by gossip
A flawed investigation doesn't just fail to resolve the issue. It actively creates new legal risk for the business.
What's at stake
What's actually at risk
An investigation sits underneath almost every serious employment decision. If it's weak, everything built on top of it is weak too.
- A grievance or disciplinary outcome that can't be defended because the investigation behind it was unfair
- Discrimination, harassment or constructive dismissal claims if a complaint is seen to have been brushed aside
- A breakdown in trust across the team if people feel the process wasn't even-handed
- Decisions that have to be unwound because the fact-finding was incomplete
Tribunals look closely at whether an investigation was fair, thorough and impartial. A sound, independent investigation is often what makes the difference between a decision that holds and one that's overturned.
The process
How an investigation works
A clear, fair process is what protects you at every stage. Here's how it runs, and where Samantha guides you through it.
Scope
Agree exactly what is, and isn't, being investigated.
Evidence
Gather documents and relevant information.
Interviews
Hear all sides fairly and on the record.
Test
Weigh the evidence objectively, not against assumptions.
Report
Produce clear, documented findings you can act on.
- 1
Scope
Agree exactly what is, and isn't, being investigated.
- 2
Evidence
Gather documents and relevant information.
- 3
Interviews
Hear all sides fairly and on the record.
- 4
Test
Weigh the evidence objectively, not against assumptions.
- 5
Report
Produce clear, documented findings you can act on.
How Magenta HR helps
Samantha acts as a genuinely independent investigator, someone outside the relationships involved, who can establish the facts fairly and produce findings you can rely on:
An impartial investigation, run by someone with no stake in the outcome
A clear, agreed scope so the process stays focused and fair
Fair interviews with everyone involved, properly recorded
Evidence tested objectively, not against assumptions
A clear, documented findings report you can act on with confidence
Guidance on what the findings mean for your next step
You get a fair process and a defensible outcome, handled by a Chartered Fellow of the CIPD with 25+ years' experience of exactly these situations.
How I work
The Magenta Method
A clear, four-step approach so you always know where you stand and what happens next.
Understand
We get a clear, honest picture of what's really going on, beneath the surface.
Assess the risk
Your legal exposure and commercial impact, explained in plain English.
Plan the right path
Realistic options and the correct steps, in order, written up within 48 hours.
Resolve & protect
Support through it, then keep you protected so the next issue is caught early.
Real situation · anonymised
Workplace investigations
A harassment complaint resolved through independent investigation
One employee accused another. The owner was too close to both.
Situation
A complaint was made by one employee against another, alleging harassment. The owner knew and liked both people and could not credibly investigate it themselves.
What changed
An independent investigation was run from outside the relationships involved: evidence gathered, both parties interviewed fairly, and the allegations tested objectively against what could be evidenced.
Outcome
The complaint was resolved through a fair process the business could stand behind, with a clear, documented outcome that protected the business.
Owner, owner-managed business
Reviewed by Samantha Newton FCIPD, Chartered Fellow of the CIPD, with 25+ years handling situations like this.
Common questions
Why can't I just investigate it myself?+
You can, if you can genuinely be impartial and be seen to be impartial. In a small business that's often impossible, because you know everyone involved. An independent investigator removes any suggestion of bias, which is exactly what protects the outcome if it's ever challenged.
What does an independent investigation actually involve?+
Agreeing a clear scope, gathering relevant evidence, interviewing the people involved fairly, testing the allegations objectively, and producing a documented findings report. The investigation establishes the facts; you still make the final decision.
Does the investigator make the decision?+
No. The investigator establishes the facts and reports the findings. The decision on any outcome remains with you, the employer. Keeping those two roles separate is part of what makes the process fair.
How long does an investigation take?+
It depends on the complexity and the number of people involved, but a focused investigation is usually a matter of weeks, not months. Dragging it out is unfair to everyone, so the aim is to be thorough and prompt.
Do I have to investigate before a disciplinary or grievance?+
In almost all cases, yes. You need to establish the facts before any formal hearing. Skipping or rushing the investigation is one of the most common reasons employers lose tribunal claims.
What if the investigation clears the person?+
That's a legitimate and important outcome. A fair investigation protects the accused as much as the complainant. A documented finding either way is what lets you move forward properly.
Ready to sort this out
Get a clear, honest read on your situation
Start with the free Situation Check to understand exactly what you're dealing with, or book a free consultation and talk it through with Samantha directly.
You deal directly with Samantha, no call centre, no junior, and if you can handle it yourself, she'll tell you. Getting it wrong can run to five figures; a focused session starts from £495 + VAT, with a written plan in 48 hours.
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