Musab Hemsi
- Partner
Insights | Employment
The Post-Investigation Period for Employers
2 September 2024
It is one thing to have an understanding of the steps involved in conducting an investigation, but an aspect which often goes without much consideration is what happens afterwards, specifically in relation to the parties involved.
Employment lawyers are well versed in investigations at work. We can advise on the beginning, middle and end of the investigatory process and what should be expected for both the employer and employee. What seems to be a consistent oversight, however, is what happens after an investigation is concluded.
Naturally, those involved in an investigation at work may find themselves in an area of uncertainty after its conclusion. The employees involved in the matter may feel there is a new tension existing between them or feel the effect on other aspects of life at work, for example, establishing the appropriate level of communication following an investigation.
There are four different areas employers should plan for following an investigation: status, certainty, fairness and relatedness.
- Status – Employers should give thought to the issue of status, for example, if one employee involved in the investigation reports to the other involved as their line manager. Consideration should be given as to how this should be treated in practical terms following the investigation.
- Certainty – It is also important for employees to have certainty and clarity following the investigation, for example, if reporting lines have been impacted because of the investigation.
- Fairness – It is, of course, natural for an investigation to stir up difficult feelings for those involved. Employers should be mindful of the need to ensure employees involved in the investigation treat each other fairly and with respect in the aftermath of an investigation.
- Relatedness – The issue may arise where parties are at a loss for how to interact with each other following an investigation.
It is understandable for an employee to return to work following an investigation and feel slightly uncomfortable in general. This could result in the employee feeling unable to bring their whole selves to work and contribute fully to the goings on.
There are a few things employers could facilitate between the employees involved in the investigation to address the issues which may come up.
To address issues relating to the employees who are feeling unsure how to interact with one another post-investigation, it may be valuable for the employer to arrange a ‘clear the air’ talk. This would allow the employees an opportunity to establish a new working relationship following the investigation, knowing that each party has said what they wish to say on the matter.
It may also be constructive for the employer to schedule ‘ground rules’ meetings between the parties. Having clearly set guidelines and a mutual understanding of where each party stands may remove elements of uncertainty for employees going forward. Certainty is also important to establish where reporting lines may be in question following an investigation, and so it is beneficial for the employer to take a proactive role in establishing clarity in relation to these points for the employees affected.
Mediation, facilitated by the employer, may be beneficial in helping the employees put the investigation behind them and feel able to move past the issues which caused or have occurred after the investigatory process.
Lastly, a simple but genuine apology may be sufficient in allowing parties to feel comfortable being around each other at work, while undoing the potentially negative effects of an employee’s previous actions and diffusing the tension by creating a common ground between the parties.
Ultimately, although there is much to be said about being proficient in the investigation process as an employment lawyer, it is also important to consider and bear in mind the effects of this and how these can be mitigated and addressed following the process’ conclusion. The suggested solutions aren’t exhaustive and may not even be effective in any given scenario, however, not only will facilitating solutions for the employees at this stage assist in creating a comfortable working environment for them moving forward, but it might also prevent further issues between the employees in the future.
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