Choosing the Right Workplace Investigator

Why the Choice of Investigator Is One of the Most Consequential Decisions in Any Investigation

Choosing the right investigator is a strategic decision, not an administrative one. The quality, credibility and defensibility of an investigation are largely determined before the first interview takes place. No amount of procedural correctness later in the process can compensate for an inappropriate choice of investigator at the outset.

This chapter draws on The Workplace and Corporate Investigator’s Handbook to cover who can act as an investigator, the skills and qualities a good investigator needs, how to identify and manage conflicts of interest, and the specific factors that should inform the decision between internal and external investigation. It also addresses how to choose an external investigator and what distinguishes high-quality external investigators from the rest.

If you are looking for an independent external investigator see my independent workplace investigator page.

Who Can Act as an Investigator?

An investigator can be an internal manager or HR professional, an external consultant, or a specialist external investigator such as a barrister or accredited investigator. The choice depends on the nature and complexity of the allegations, the seniority of those involved, the risk of perceived bias, and the organisation’s internal capacity.

Internal investigators can be appropriate for straightforward matters where there is no conflict of interest and where the investigator has the necessary skills and experience. However, they may be perceived as conflicted, especially where allegations involve senior management, long-standing organisational relationships or matters that are politically sensitive internally. That perception of bias, even where none actually exists, can undermine confidence in the process and expose the outcome to challenge.

External investigators provide independence and visible impartiality. They bring specialist expertise that may not exist internally. They are less susceptible to internal pressure or unconscious bias. And their reports are generally more credible to regulators, tribunals and other external scrutiny precisely because of their independence from the organisation.

Conflicts of Interest and Perceived Bias

A conflict of interest arises where the investigator has a personal or professional connection to any of the parties, to the organisation’s management chain, or to the subject matter of the investigation that could reasonably be seen to affect their impartiality. This includes not just actual bias but perceived bias: the appearance of a conflict is sufficient to undermine the credibility of the process even if the investigator is acting entirely fairly.

Conflict checks should be carried out before any investigator is appointed, including internal investigators. Common sources of conflict include previous management of the subject, personal relationships with parties, involvement in earlier stages of the same matter, and institutional loyalty to particular individuals or parts of the organisation.

In complex or senior-level investigations, independence is a threshold requirement, not a preference. Where management conduct is under scrutiny, where the allegations involve the most senior figures in the organisation, or where the matter has high reputational or regulatory stakes, an internal investigator cannot credibly meet the independence requirement regardless of their personal qualities.

The Skills and Qualities of a Good Investigator

The handbook identifies more than twenty specific skills and qualities that distinguish good investigators from poor ones. The most important include the following.

Analytical thinking and evidence evaluation. The investigator must be able to assess evidence objectively, identify inconsistencies, test credibility systematically rather than instinctively, and draw conclusions that are grounded in evidence rather than impression. This is the core skill of the role and the one that most directly determines the quality of the findings.

Interviewing skill. Effective investigative interviews require structured questioning, the ability to build rapport while maintaining professional distance, the skill to probe without leading, and the discipline to manage difficult or evasive witnesses without becoming adversarial. These are distinct skills from general management or HR competence and require specific development.

Report writing. The investigation report is the primary output of the process. It must present findings clearly, link conclusions to evidence transparently, explain credibility assessments honestly, and withstand scrutiny from parties, lawyers, tribunals and regulators. Weak report writing is one of the most common reasons investigations are successfully challenged.

Independence of mind. Good investigators maintain their conclusions on the evidence, not on what the organisation, HR or senior managers hope the outcome will be. They are capable of finding against a party that the organisation prefers to vindicate, and they can deliver uncomfortable findings with clarity and confidence.

Trauma-informed practice. Investigations frequently involve witnesses who have experienced distressing events. A trauma-informed approach recognises that individuals who have experienced trauma may recall events differently, present inconsistently, or display heightened emotion or withdrawal. These responses are not indicators of unreliability but common trauma reactions. A trauma-informed investigator adapts their approach to enable the witness to give their best evidence without re-traumatisation.

Robustness, resilience and gravitas. Investigators are subject to scrutiny and pressure throughout the process. Their decisions may be questioned by parties, HR, managers, unions and lawyers. Good investigators maintain their position on the evidence, remain calm under pressure, and signal through their conduct that the investigation is being handled competently and fairly.

Self-awareness and reflective practice. Good investigators recognise and manage their own biases. They reflect on their approach after each case and improve over time. This habit of reflection builds skill and reduces the risk of systematic error in how evidence is assessed and findings are reached.

Sector-Specific Considerations

Some investigations require investigators with specific knowledge of the sector or organisational context. Healthcare investigations may require familiarity with clinical records and regulatory frameworks. Financial services investigations may require understanding of specific regulatory obligations and financial instruments. University investigations may require awareness of academic governance structures. Where sector-specific knowledge is required, the investigator either needs that knowledge or must be supported by subject matter experts who can provide it.

Why I Act as Independent Investigator

I bring to independent investigation work a combination that is genuinely unusual. I am a practising barrister with over twenty years of experience in complex disputes, a part-time judge who regularly assesses evidence and credibility in formal proceedings, and an accredited investigator who has conducted investigations involving up to 68 allegations, 29 witnesses and evidence bundles exceeding 1,000 pages.

That combination means I approach investigations with the analytical discipline and evidential rigour of a judicial process, not just an HR process. My reports are quality assured by a Crown Court Judge before delivery, which is an unusual and significant quality assurance step that gives organisations additional confidence in the robustness of the findings. I also offer fixed fees for investigation work, providing cost certainty from the outset.

For full details see my independent workplace investigator page.

Choosing the Right Workplace Investigator

Choosing the Right Workplace Investigator

Why the Choice of Investigator Is One of the Most Consequential Decisions in Any Investigation

Who Can Act as an Investigator?

Conflicts of Interest and Perceived Bias

The Skills and Qualities of a Good Investigator

Sector-Specific Considerations

Why I Act as Independent Investigator

Further Reading