What is an independent investigator?

At Frettens we understand that handling workplace investigations can be complex and time consuming for employers.

That’s why we offer an independent investigation service for workplace disputes.

But what exactly is an independent workplace investigator? And do you need one?

In his latest article, Head of HR Services, Nathan Andrews, answers all your questions and explains how an impartial investigation can help you get it right from the start.

What are the risks of workplace investigations?

When workplace disputes or allegations arise, whether misconduct, harassment, discrimination, or other serious concerns, employers must act quickly and effectively.

A well-conducted investigation is not only essential for maintaining trust and transparency but also a legal necessity to protect both employees and the organisation from potential risks.

That is why many companies decide to use an independent investigator.

Click here read my article on Advice for employers and HR professionals.

What is an independent investigator?

An independent investigator is a professionally trained neutral third party who looks into workplace issues such as misconduct, discrimination, whistleblowing and regulatory breaches.

Why choose an independent investigator to handle a workplace investigation?

Internal investigations can sometimes fall short due to perceived or actual bias, conflicts of interest, or procedural missteps. A poorly executed investigation can result in legal challenges, reputational damage, or unresolved workplace tensions.

Independent investigation services are designed to eliminate these risks by providing:

•  Impartiality & Objectivity - A neutral third-party approach ensures fairness and transparency, reinforcing trust in the process.
•  Specialist Expertise
•  Legal & HR Knowledge
•  Risk Mitigation - Poorly conducted investigations can lead to employment tribunal claims and reputational harm.

When to outsource your investigations?

 You should consider independent investigations when:

• Allegations involve senior personnel where neutrality is essential.
• The case is complex, high-risk, or sensitive, such as complaints of discrimination, harassment, or whistleblowing.
• Internal bias or conflicts of interest could undermine the credibility of an in-house investigation.
• The organisation lacks the expertise or resources to manage a comprehensive investigation effectively.
• The matter is likely to face regulatory, tribunal, or legal scrutiny, needing a robust and legally defensible process.

You can read my full article on why outsourcing HR Services could be a game-changer for your business here.

A Structured, Legally Compliant Investigation Process

Legally compliant investigations should  follow a thorough process to ensure they are fair, impartial, and legally compliant.

The process:

• Initial Consultation & Planning – Defining the scope, objectives, and legal considerations.
• Evidence Gathering & Interviews – Conducting thorough interviews and collecting supporting evidence with confidentiality and professionalism.
• Analysis & Findings – Reviewing evidence objectively, ensuring conclusions are fact-based.
• Report & Recommendations – Providing a structured, legally defensible report with clear findings and appropriate next steps.

Click here to read my full article on the steps involved in workplace investigations.

Comprehensive Workplace Investigation Services

A comprehensive workplace investigation service should meet the unique needs of organisations, including:

Fully Managed, Independent Investigations

An expert-led independent investigation service should cover:

• Matters such as allegations of misconduct, grievances, whistleblowing, and regulatory breaches.
• Fact-finding interviews with complainants, witnesses, and respondents.
• Thorough analysis of documentation, digital records, and workplace policies.
• Comprehensive, legally sound investigation reports aligned with ACAS guidance and UK employment law.

Advisory Support for Internal Investigations

If your organisation prefers to conduct their own investigations you may require expert guidance, which could include:

• Strategic planning to ensure compliance and thoroughness.
• Advice on best-practice interviewing techniques and legal considerations.
• Review of investigation reports to identify potential gaps or risks.
• Training for HR teams and managers on conducting fair, legally sound investigations.

Click here to find out about all of our HR services.

Why Choose Frettens Solicitors?

If your organisation requires an independent, expertly managed workplace investigation, or if you need guidance on conducting your own, our team is here to help. We have;

• Unrivalled Expertise – Our specialists bring decades of experience in conducting complex workplace investigations combined with professional training;
• Professionally qualified investigators with CIPD accreditations and formal qualifications in investigative practice – Experts in employment law, HR best practices, and investigative procedures;
• Proven Track Record – A history of successfully guiding employers through complex investigations with clarity and confidence; and are
• Trusted by Employers across Industries – Supporting organisations in professional services, finance, healthcare, education, and beyond.

Click here to find out more about the Workplace Investigation services we offer.

Specialist investigation service for employers

If you’d like to learn more about how our Independent Investigation services can benefit your organisation, please don’t hesitate to get in touch.

To get in touch, please call us on 01202 499255, or fill out the form, for a free initial chat.

We run a FREE monthly HR webinar for Employers and HR Professionals, covering a wide range of topics. Click here to find out more and view historic content.