Conducting Workplace Investigations

Overview

Course duration: 1 day.

Develop the skills and knowledge to manage workplace investigations confidently, effectively and within the current legal framework.

This seminar on conducting workplace investigations bridges the gap between theory and practice, giving clear, practical and business-focused advice for resolving disputes and to avoid costly mistakes. Through extensive 'real life' role-play scenarios, you will get the chance to practice and hone your skills and you will be brought right up to date with the latest key legal developments.

Implementation of the new Employment Act and the new Acas Code of Practice and guidance have highlighted the importance of workplace investigation and hearings. Whilst the law provides for greater flexibility, the cost of getting it wrong is high: non-compliance may lead to a compensation uplift of 25%.

This course is run in partnership with JSB.

Is it right for me?

This seminar is for practitioners, line managers, directors, employee and industrial relations officers.

What will I learn?

By the end of this seminar you will be able to:

• Improve your knowledge of the legal and practical requirements relating to investigations and hearings
• Learn the skills required to manage and conduct investigations and hearings confidently and successfully
• Enhance business success and avoid unnecessary litigation
• Practise key skills through participation in 'real-life' scenarios on grievance investigations and disciplinary hearings

What will it cover?

Introduction - The employment law context - an overview of legislation and case law affecting workplace investigation and hearings

• The Employment Act 2008 and its implementation
• Acas Code of Practice and Guide
• Relevance of developing caselaw

Disciplinary and dismissal and grievance procedures: what’s involved?

• How are the processes structured?
• Your own policies and procedures
• When and how to use suspension
• The role of `companion` 
• When is there a right to legal representation?
• The organisational and legal consequences of not following procedure
• Successfully managing the overlap between disciplinary and grievance issues

Disciplinary and grievance investigations: a comprehensive, structured approach to the investigation

• What is the investigation process? Highlighting the importance of the impartiality of the investigator and his/her role
• Planning the investigation
• Arranging the investigation
• Gathering evidence: What is the timeline and what are the structural processes involved?
• Whens does an informal investigation become formal?
• The role of line management and HR in your organisation
• Employee rights and the Data Protection legislation
• How to handle witnesses
• Mastering the methods and techniques used to extract relevant information and handle difficult situations successfully
• Case study

The investigation interview: tips to ensure a thorough investigation process

• Avoiding the common mistakes made during the investigation process
• The role of surroundings and timing and its effect on the investigation outcome
• How to source relevant information through expert questioning and data collection techniques
• How to analyse and evaluate evidence
• The investigations checklist
• Report preparation, making recommendations and moving onto the hearing process

Grievance or discipline investigation role-play

AIM: To go beyond the legal framework and practical tips already outlined and apply to these effectively in a controlled `real life` scenario. Participants will have the opportunity to practice the theory covered to enhance their interviewing techniques by planning an investigation interview, asking questions to extract relevant information, to interpret ambiguous behaviour and handle difficult situations.

Further courses to consider

Discipline, Grievances and Dismissal