The increased spotlight upon D&I matters which seems to be replacing covid as our clients’ dish of the day shines upon investigations too. How you investigate employees’ disclosures or complaints (especially but by no means necessarily, of discrimination or harassment) can make a considerable difference as to how those employees and others sharing their protected characteristics view the integrity and value of that process. If you do not believe that you will get a fair hearing because of your race or gender, for example, you are less likely to make disclosures or complaints in a good faith attempt to improve the situation. Instead, you are more likely to sit on stuff which the best interests of the business would suggest should be disclosed, and/or just to leave, denying your employer all your talent, experience and commitment, and in no mood to recommend your employer to others who may share that characteristic. Maximising the confidence of all your staff in your investigations process, whether they feature in it as complainant or accused or witness, is therefore a key part of your getting the most out of doing it properly. They must believe that the investigation process you propose is suitable for their complaint or disclosure, that it will be looked at objectively and impartially and that it will lead on to meaningful redress where appropriate.

Here are some considerations to that end:

1. An inclusive investigations process is not necessarily about obtaining...

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