Overview – Planning and Conducting an Investigation
A one-day practical, participative workshop designed to develop your managers’ skills by using easy-to-use, relatable techniques to plan and conduct a workplace investigation. We will follow a case study to demonstrate the practical effect of the techniques we explore.
By attending the training, your managers will be able to:
- Describe their role as investigator and what their report is designed to deliver according to the legal framework (the law of unfair dismissal and the ACAS Code of Practice).
- Identify clearly the remit for an investigation and plan an investigation according to a technique.
- Prepare questions and conduct a meeting with a witness, probing to the extent needed in order to fulfil their remit.
- Construct an investigation report, describing the evidence gathered, the conclusions they have reached and recommendations in line with what is required by the legal framework.
|Introductions and Welcome||The objectives for the session|
|What are we aiming to achieve with our investigation?||The legal framework for an investigation
• Your role as an investigator – separating this role from your ‘manager’ and ‘leader’ roles
• Our right to manage disciplinaries and grievances
• The legal framework for a fair dismissal using a flowchart technique
• Explore further the ACAS code of practice ‘Whats’ and ‘Hows’
|Starting with the end in mind: The investigation report||Introduction to/overview of template report – what is it looking to achieve and why?
Reaching conclusions and making recommendations – what’s the difference?
|What is your remit?||Case study-based exercise to establish the investigator’s remit
Knowing when to stop – the standard of proof.
|Planning your investigation||Using a structure to plan your investigation
Analysis of an initial instruction to carry out an investigation using the 3-part planning structure
|Investigations ‘logistics’||Inviting interviewees to meet you:
In writing, or not?
How much detail do you give – setting the ‘atmosphere’ for the meeting
Who attends the meeting?
What if an employee is suspended
|Constructing your interviews plan||Introduction to a matrix tool|
|Planning your investigation meeting||Overview of the ‘opening’ and ‘closing’ of an investigation interview
Setting expectations about confidentiality and follow-up meetings
The role of a companion in an investigation meeting?
|Questioning techniques for investigators||The role of the different types of questions
Sandwich questioning technique and planning using the matrix
|Managing your meeting||Planning for the unexpected!
What to do if evidence or recollections don’t not tie up? – know when to stop!
What to do with ‘I can’t remember’
|Reaching and recording your conclusions in your report||Conflict of evidence? How to get off the fence!
How to phrase your conclusions
What to recommend, and how to do it?
|Key learning points from today||What’s stood out for you?
and what will you do differently?