HOW TO WORK WITH AN INDEPENDENT HR INVESTIGATOR FOR CASEWORK IN UK SMEs


HOW TO WORK WITH AN INDEPENDENT HR INVESTIGATOR FOR CASEWORK IN UK SMEs

With a shortage of staff who can carry out investigations, working with an independent HR investigator for casework can be an essential strategy for UK Small and Medium-sized Enterprises (SMEs) when dealing with complex or sensitive HR issues. Here's a step-by-step guide on how to effectively collaborate with such professionals:

1. Identify the Need for an Independent Investigator

Evaluate the Situation: Determine if the case involves sensitive issues like harassment, discrimination, or misconduct where an unbiased, external perspective is necessary. Internal Capacity: Consider whether your internal team has the bandwidth, expertise, or impartiality to handle the investigation effectively. 

2. Selecting the Right Investigator

Research: Look for professionals with strong experience in leading investigations. Credentials: Ensure they have experience with SME environments and are familiar with UK employment law. 

3. Engagement and Briefing

Define Scope: Clearly outline what needs to be investigated. This includes the nature of the complaint, key stakeholders involved, and the timeline for the investigation. Confidentiality Agreement: Have the investigator sign a confidentiality agreement to protect sensitive information. Terms of Reference (TOR): Work with the investigator to draft a TOR which will guide the investigation's process, scope, and expected outcomes. 

4. Resource Provision

Access to Information: Provide the investigator with all necessary access to documents, employees, and other resources without compromising confidentiality or data protection laws. Support from Internal HR: While the investigator works independently, internal HR/staff should assist with logistics, like scheduling interviews or providing company policies and past precedents. 

5. Conducting the Investigation

Interviews: The investigator will conduct interviews with all relevant parties. Ensure employees are informed of their rights, including the option to have a support person present. Evidence Gathering: The investigator will collect and analyse evidence, which might include emails, surveillance footage, or other documentation. 

6. Reporting

Draft Report: The investigator will compile a report detailing findings, evidence, and recommendations. This should be factual and impartial. Review: Before finalisation, review the report for factual accuracy and legal compliance. Final Report: Once reviewed and agreed upon, distribute the report to necessary parties, ensuring confidentiality where required. 

7. Decision and Implementation

Decision Making: Use the report to make informed decisions on any disciplinary actions or policy changes. Communication: Clearly communicate outcomes to involved parties, maintaining confidentiality as per legal requirements. Follow-Up: Implement any recommended changes or training. An advisor can also assist in mediation if needed. 

For further help please contact me via contact@janenaumkin.co.uk or phone on 07519 223299