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Friday, October 23, 2026

Mapping out Questions in Workplace Investigations - The National Law Review

At a very early stage in your investigation you are going to need to work out what you need to know. Is it literally just the bald facts of what happened, or does it go further into the why? Is there any particular legal, contractual or policy definition in play that will dictate (or at least inform) the decision you have to make? Is the issue limited to that particular employee or should you be looking into the relative treatment of others too? Are you actually being asked to reach a conclusion on law rather than fact, or upon issues which are of a specialist nature outside your technical knowledge?

Take a relative simple bullying grievance as an example. The employee comes to you and complains that he is being “bullied and harassed” by his manager. There has been shouting, unfairness and micro-management, he says. His contribution in meetings is blanked by the manager and he hates coming into work. This has apparently been brought to a head by a recent adverse comment of some sort, perhaps a warning, a downbeat appraisal or some passing slight in the corridor, and he can put up with it no longer. Quite a handful, so what is your way in?

Clearly you are going to have to find out if the bare facts are true – has there been shouting, does the manager ignore the employee in meetings, was there micro-management, etc? By themselves, however, those facts only take you so far. They do not tell you anything about context or motivation, both key to deciding the...



Read Full Story: https://www.natlawreview.com/article/looking-workplace-investigations-part-2-...