About This Knowledge Guide

This knowledge guide is a comprehensive practical resource for HR professionals, managers, investigators, legal advisers and anyone involved in commissioning or conducting workplace and corporate investigations. It is structured around the content of my book The Workplace and Corporate Investigator’s Handbook and covers every stage of the investigation process, from the initial decision about whether to investigate through to the investigation report, the evidence bundle, specialist considerations and organisational learning.

The guide reflects practical experience, not theory. I have conducted investigations involving up to 68 allegations, 29 witnesses and evidence bundles exceeding 1,000 pages. My reports are quality assured by a Crown Court Judge before delivery. I have sat as a judge, barrister and arbitrator across more than 1,000 cases and I understand exactly how investigation reports are scrutinised when matters proceed to employment tribunal. Everything in this guide is grounded in that experience.

Each topic below links through to a detailed chapter page. The guide also complements my workplace investigations knowledge hub, which provides an overview of the full investigation and hearing process alongside links to the investigator and disciplinary chair services.

If you are looking for an independent investigator or an independent chair for a grievance, disciplinary or appeal hearing, you can find full details on my independent workplace investigator page and my grievance and disciplinary chair page.

The Knowledge Guide: All Chapters

1. The purpose of workplace and corporate investigations explains why investigations matter, what a good investigation achieves for the organisation and for the individuals involved, the link between investigation quality and organisational values, and why it is sometimes worth investigating serious issues even where no formal complaint has been made or where the subject has resigned.

2. Should you investigate or mediate? addresses the critical first question: whether a formal investigation is the right response to the situation, or whether mediation or another less formal approach would better serve the interests of all parties. Not every workplace problem requires a formal investigation, and choosing the wrong process can make things significantly worse. This chapter covers the destructive potential of investigations, the benefits of mediation, and how to manage expectations if the decision to investigate is made.

3. The risks of poor workplace investigations covers the full range of consequences that flow from badly conducted investigations, including high-profile cases where investigations were publicly criticised, employee relations risks, operational and reputational risks, financial risks, and the specific ways in which employment tribunals have criticised investigation quality. This chapter makes the case for why investing in a high-quality investigation is low-risk and high-return.

4. The legal and procedural foundations of a fair investigation covers the principles of natural justice, the ACAS Code of Practice, the duty to undertake a reasonable investigation, the burden and standard of proof in workplace investigations, and the role of HR in supporting fairness without compromising investigator independence.

5. Common subjects for investigation covers the three main categories of workplace investigation: disciplinary and misconduct matters, grievances, and whistleblowing and compliance. Each has its own legal framework, procedural requirements and particular challenges. This chapter provides a practical overview of each category and the key issues that arise in each.

6. How to draft investigation allegations clearly and fairly addresses one of the most consequential and most frequently mishandled steps in the investigation process. Vague, misleading or conclusory allegations create procedural problems throughout the investigation and beyond. This chapter explains why clear allegations matter, the risk of vague or misleading drafting, how to avoid assumptions and labels, and how to write allegations in clear, neutral and legally sound language.

7. Choosing the right investigator covers who can act as an investigator, the skills, qualities and experience a good investigator needs, how to identify and manage conflicts of interest and perceived bias, and the specific factors that should inform the decision between internal and external investigation. This chapter also addresses how to choose an external investigator and what distinguishes high-quality external investigators from the rest.

8. Planning and managing the investigation covers how to set the scope of the investigation, the terms of reference, the different types of investigation, project planning and realistic timeframes, how to manage the expectations of internal stakeholders throughout the process, and the question of whether to suspend the subject during the investigation.

9 and 13. Evidence, credibility and decision-making covers the principles of evidence in workplace investigations, including what counts as evidence, the key evidential principles of relevance, weight and reliability, contemporaneous evidence, hearsay, and how to use the SEARCH framework to evaluate evidence objectively. It also addresses how to assess the credibility and reliability of witness accounts, how to identify and manage unconscious bias, how to handle dishonest or unreliable evidence, and how to document reasoning clearly.

10 and 11. Preparing for and conducting interviews covers both the preparation for investigative interviews, including preparing questions, choosing which witnesses to interview and in what order, deciding between interviews and written questions, and preparing the interview environment, and the conduct of the interviews themselves, including how to engage witnesses, the different approaches to interviewing witnesses and subjects, and how to use AI tools to support the interviewing process.

12. Non-witness evidence addresses the forms of evidence beyond witness accounts that are increasingly important in modern workplace investigations: documents, records and internal data, physical and digital materials, open source intelligence, third-party and external sources, and technology-assisted evidence gathering. This chapter also covers how to assess the reliability of non-oral evidence and how to present it fairly in the investigation report.

14 and 15. Writing the investigation report and creating the evidence bundle covers the full process of producing a clear, well-reasoned and defensible investigation report, including its purpose and audience, structure, language, how to link findings to evidence, how to set out reasoning transparently, how to handle conflicting evidence, and how to quality check the final product. It also covers the creation of the evidence bundle or data room, including what to include, pagination, indexing, document control and confidentiality.

16. Considerations for particular types of investigation addresses the specific challenges that arise in four categories of investigation that require particular care: dishonesty, theft and fraud; sexual misconduct; bullying and harassment; and investigations involving vulnerable or neurodivergent witnesses, cultural or language barriers, and power imbalance considerations.

17. Using AI in workplace and corporate investigations examines the growing role of artificial intelligence tools in workplace investigations, covering AI as an assistive rather than determinative tool, the risks that need to be managed, the importance of transparency and defensibility when using AI, and practical guidance on where AI can genuinely add value in the investigation process.

18. Specialist investigations addresses the particular considerations that arise in investigations involving senior leaders, CEOs, executives and board members, and in specific sectors including the NHS, nursing and care homes, financial institutions, universities and regulated professions. It also covers investigations in the context of shareholder disputes and family businesses, where workplace and commercial issues intersect.

19. Lessons learned and organisational improvement looks beyond the individual investigation to the wider question of what organisations can learn from investigations, including how to conduct root cause analysis, identify cultural lessons and patterns, present findings to the organisation, implement changes, monitor their impact, and prevent recurrence through policy and training.

20. Police or regulatory referral covers the circumstances in which an internal investigation must be paused or an external referral made, which authority to contact, how to manage parallel internal and external processes, how to support affected parties during a referral, and how to decide when and how to resume the internal investigation.

The Book Behind This Guide

The Workplace and Corporate Investigator’s Handbook is the comprehensive practical guide on which this knowledge section is based. It covers all twenty chapters in full detail, with real case studies drawn from actual investigations, worked examples using the Meadowbrook Care Home case study that runs throughout the book, and practical tools including a framework for evaluating evidence, example terms of reference, example allegations, and a model investigation report.

The handbook has been described as “a clear and practical guide for how to conduct workplace investigations and to avoid the pitfalls from a highly experienced investigator” by Jeffrey Jupp KC of 7 Bedford Row Chambers, and as “essential reading” for anyone who wants to reduce the risk of their investigation being challenged at tribunal.

See all books.

What My Clients Say

“Your diligence in thoroughly analysing and interrogating all the allegations, the very high quality of the investigation report and the overall investigative process were worlds apart from a previous investigation I had a different external consultant carry out earlier in the year. You will be the first person I come to. Very many thanks.” Client for whom I conducted a board-level workplace investigation

“Very impressed with how well you handled the case. Clear, focused and patient as a fact-finder dealing with a wide range of evidence. It was a masterclass.” Annie Conboy, party representative at a disciplinary hearing

“Professional and courteous. We could not recommend Robin highly enough.”

“Goes way above and beyond the norm.”

See all testimonials.

Frequently Asked Questions

Is this guide suitable for HR professionals with no prior investigation experience?

Yes. The guide is designed to be accessible to those who are new to investigations as well as to experienced practitioners who want to strengthen their practice. It builds from foundational principles through to advanced topics, and each chapter can also be read independently as a reference on a specific topic.

Does reading this guide mean I can conduct complex investigations without external support?

The guide will significantly improve the quality of investigations conducted internally. However, complex, sensitive or high-profile matters, particularly those involving senior staff, serious allegations or significant legal risk, almost always benefit from an independent external investigator. See my independent workplace investigator page for more on when external investigation is the right approach.

Is this guide specific to any particular sector?

No. The principles it covers apply across all sectors and organisation types. Chapter 18 addresses the particular considerations that arise in specific sectors including the NHS, care homes, financial institutions, universities and regulated professions.

Can I instruct you to conduct an investigation or chair a hearing?

Yes. In addition to this knowledge resource, I act as an independent external workplace investigator and as an independent grievance and disciplinary chair. I also offer workplace investigation training for HR professionals and managers who want to develop internal capability.

Is the content legally accurate and up to date?

The guide reflects the law and best practice as at the date of publication. Employment law and regulatory frameworks evolve, and you should always obtain specific legal advice before taking steps that could affect the rights or obligations of individuals or your organisation. See the disclaimer below.

Get in Touch

If you need an independent investigator, an independent hearing chair, or training for your HR team, I would be glad to discuss your requirements.

• Independent Workplace Investigator
• Grievance and Disciplinary Chair
• Workplace Investigation Training
• The Workplace and Corporate Investigator’s Handbook

Call 020 4538 0246, use the contact form below, or book a call directly.

Important disclaimer: This page and the linked knowledge guide are provided for general information and educational purposes only and do not constitute legal advice. The content may not be legally accurate for your specific situation. You must not rely on anything in this guide when making decisions that could affect the legal rights or obligations of individuals or your organisation. Always seek independent legal advice from a qualified professional before taking or refraining from taking any action. The author accepts no responsibility for any decisions made or outcomes arising from use of this material. If you would like specific advice, contact me here.