Productised independent workplace investigation for single-allegation grievance and disciplinary matters

Most workplace investigations that go wrong do so for predictable reasons: the wrong investigator, an unclear scope, drift in the questions being asked, an unstructured approach to credibility, and a report that does not stand up when challenged at tribunal. The cost of those failures runs into hundreds of thousands of pounds when tribunal awards are added to legal fees.

This product is designed to remove those risks for the most common kind of workplace investigation: a single substantive allegation, one complainant, one subject, on one occasion, within the employment law framework. A fixed fee, a fast start, a defined scope, a barrister-led process, and a copy of The Workplace and Corporate Investigator’s Handbook for the commissioning team.

£7,999 + VAT, all-inclusive. Started within 14 days of acceptance, typically completed within 4 to 6 weeks.

What you get

The fee covers everything from acceptance of the matter through to delivery of the final report and evidence bundle.

• Initial intake and case acceptance. Review of the materials provided, confirmation that the matter falls within the scope of the fixed-fee product, and a written confirmation of acceptance within 48 hours of receiving the initial enquiry. Where the matter falls outside scope, a bespoke quote is provided in the same timeframe.
• Terms of Reference. Drafting of formal Terms of Reference setting out the allegation, the scope of the investigation, the documents to be considered, the witnesses to be interviewed, and the timeline. The Terms of Reference are agreed with the commissioning organisation before any witness is contacted.
• Documentary review. Reading of the grievance letter or complaint, the relevant policies (disciplinary, grievance, anti-bullying, code of conduct), any contemporaneous documents (emails, messages, meeting notes), and any prior internal correspondence.
• Witness interviews. Conducted remotely by default (Zoom or Microsoft Teams). Typically the complainant, the subject, and up to one contemporaneous witness, depending on the allegation. Each interview is audio and video recorded and a verbatim transcript is produced and included with the final report. In-person interviews can be arranged where required, with travel within mainland UK at cost.
• Investigation report. A formal written report setting out the allegation, the documents and witnesses considered, the analysis of each piece of evidence under the SEARCH framework, findings of fact on each material point on the balance of probabilities, and where instructed, a recommendation on whether the allegation is upheld, partially upheld, or not upheld.
• Evidence bundle. A paginated electronic evidence bundle including all interview transcripts, key documents and policies, indexed and ready for use in any subsequent disciplinary or grievance hearing.
• Electronic delivery of the report and bundle to the commissioning organisation. A short post-delivery call to walk through the findings if useful.
• A copy of The Workplace and Corporate Investigator’s Handbook for the commissioning organisation’s reference library.

Pricing

£7,999 + VAT. Single fixed fee for the complete investigation, regardless of how long the report ultimately runs to or how many drafting iterations are required.

The fee does not include extension of scope beyond the agreed Terms of Reference. If the investigation surfaces material that suggests the scope should be widened (for example, a previously undisclosed second incident, or additional witnesses who should be interviewed), I come back to the commissioning organisation with a written variation request and a quote for the additional work before undertaking it. The organisation decides whether to authorise the variation.

Scope and eligibility

This product is deliberately constrained to keep the fee fixed and the timeline tight. To qualify, the matter must meet all of the following:

• One substantive allegation. The allegation may include connected sub-issues (a single bullying allegation, for example, may describe three specific behaviours occurring during a single incident), but it must form a single coherent factual question.
• One complainant. The allegation is brought by a single named individual. Multiple complainants raising similar allegations are outside scope; those matters are quoted bespoke.
• One subject. The allegation is against a single named individual. Multi-respondent investigations are outside scope.
• One occasion. The events giving rise to the allegation occurred on one identifiable occasion or in one identifiable continuous episode. Pattern-of-behaviour allegations spanning multiple incidents over weeks or months are outside scope.
• Employment law matters. Grievance, misconduct or disciplinary matters arising from employment. Discrimination, whistleblowing under the Public Interest Disclosure Act 1998, equal pay, and other statutory regimes that introduce additional complexity are usually outside scope, but contact me to discuss.
• Subject up to and including board or director level, but excluding C-suite executives, senior partners in LLPs, and senior executives whose remuneration package or restrictive covenants meaningfully complicate the matter. These cases are quoted bespoke.
• Subject to my acceptance. Within 48 hours of receiving the initial enquiry, I confirm whether I am willing to take the matter on as a fixed-fee instruction, or whether the matter requires a bespoke quote. Acceptance is subject to no conflict of interest, capacity in my diary, and the matter falling clearly within the scope above. The fee is only payable once acceptance is confirmed and Terms of Reference are agreed.

If the matter falls outside any of these limits, I am still very likely to be able to help on a bespoke basis.

When fixed-fee investigation is the right choice

Fixed-fee investigation is the right answer when:

• A formal grievance or disciplinary process requires an independent fact-finder
• ACAS Code of Practice compliance requires a reasonable investigation before any disciplinary decision is taken
• The matter is too sensitive or significant to be investigated internally (manager-on-manager, allegations involving HR itself, allegations against senior people)
• The organisation needs a defensible, written record that will withstand challenge at tribunal
• Speed matters: the subject has been suspended, the complainant is signed off, or the business needs the matter resolved before it festers
• The organisation wants cost certainty rather than a per-day quote that can balloon

It is not the right answer when:

• The matter involves multiple allegations, complainants or subjects (bespoke quote)
• The allegations span a period of weeks, months or years (bespoke quote)
• The matter involves discrimination, whistleblowing or other statutorily protected complexity (bespoke quote, usually)
• The matter is at C-suite, senior partner or equivalent level (bespoke quote)
• The matter would be better addressed through workplace mediation rather than investigation (see fixed-fee mediation)
• The organisation needs legal advice on the matter, rather than a factual investigation (this is a separate service, regulated differently)

Indicative timeline

The 14-day commitment is the time to start the investigation (Terms of Reference agreed and first witness contacted). Total completion time depends on witness availability but typically falls between 4 and 6 weeks from acceptance.

Where the matter is genuinely urgent (suspension in place, regulatory exposure, imminent hearing) the timeline can be compressed, including evening and weekend interviews where required. Where witnesses are unavailable for legitimate reasons (annual leave, sickness, maternity), the timeline extends accordingly and the commissioning organisation is kept informed in writing.

What sets this investigation service apart

Most workplace investigators in the UK come from HR or policing backgrounds. Many are highly competent. What is genuinely different about this service is the combination of training and experience that I bring.

I am a practising barrister. Formal legal training in the evaluation of evidence, the assessment of credibility, the rules around what does and does not constitute evidence of misconduct, and the standard of proof that applies in employment matters. Most HR-background investigators have learned these things in practice; I learned them in pupillage and apply them in court every week.

I am a fee-paid judge. Decision-making is what I am paid to do in my judicial capacity, in thousands of contested matters. That experience changes investigation reports: findings are reasoned in the way a judge or tribunal would reason them, which makes them substantially harder to challenge.

Every interview is audio and video recorded, and verbatim transcripts are included. Many investigators take handwritten or typed notes which become contested at tribunal. The recording and transcript approach eliminates that risk: the parties know exactly what was said and what was not.

I have written the book. The Workplace and Corporate Investigator’s Handbook is the comprehensive UK practitioner reference on workplace investigations, including a detailed appendix analysing 50 tribunal cases where investigations have been criticised. A copy is included with this investigation for the commissioning organisation’s reference library.

I can start immediately. Investigations work is a substantial part of my practice and diary slots are reserved for fixed-fee instructions.

I have discussed my investigation work in conversation with leading employment lawyer Daniel Barnett if you would like to see a more detailed explanation of how I approach this work.

What past clients say

“I would like to sincerely thank you for carrying out this investigation. Notably your diligence in thoroughly analysing and interrogating all the allegations, the very high quality of the investigation report and the overall investigative process. It is worlds apart from a previous investigation I had a different external consultant carry out earlier in the year.”

HR Director, International Healthcare Organisation

“The report was excellent quality, and we wouldn’t hesitate to use your services again.”

Darren Smallman, Director, Avellino Care

“Clear, focused and patient as a fact-finder dealing with a wide range of evidence. I feel the participants trusted that you were fair and open. It was a masterclass in advocacy and I learned so much.”

Annie Conboy

See all client testimonials.

The investigation process in detail

Each fixed-fee investigation follows a structured ten-step process. Each step is covered by the fixed fee.

1. Discussion with the commissioning organisation. A confidential preliminary call to understand the matter, confirm scope, and identify any conflicts of interest.
2. Reading of materials and policies. The grievance letter or complaint, the relevant disciplinary or grievance policy, the contracts of employment for the complainant and subject (in relevant parts), and any contemporaneous correspondence.
3. Drafting of Terms of Reference. A formal written ToR setting out the allegation, the scope, the witnesses, the documents, the timeline, and the methodology. The ToR is agreed in writing with the commissioning organisation before any witness is contacted.
4. Preparation of interview frameworks. Structured question frameworks for the initial interviews, designed around the specific allegation and the documents in evidence.
5. Invitations to witnesses. Formal written invitations explaining the process, the witness’s role, the confidentiality framework, the recording and transcript approach, and the witness’s right to be accompanied.
6. Initial interviews. Conducted remotely by default, audio and video recorded. Typically the complainant first, then any contemporaneous witness, then the subject. Each interview takes 60 to 120 minutes depending on the complexity of the allegation.
7. Review and any further interviews. Based on the initial interviews, a decision is made about whether further questions need to be put back to any witness, or whether any new witness needs to be added. Where further work is required, this is confirmed with the commissioning organisation before proceeding.
8. Verbatim transcription. All interviews transcribed verbatim, with timestamps. Transcripts are usually available within 5 working days of the interview.
9. Report drafting. The investigation report sets out the allegation, the evidence considered, the SEARCH framework analysis, the findings of fact, and (where instructed) the recommendation on whether the allegation is upheld. Quality assured by a Crown Court Judge before delivery.
10. Electronic delivery of the final report and the paginated evidence bundle.

Bespoke investigations for matters outside scope

Where the matter falls outside the fixed-fee scope, the same investigator handles the work on a bespoke basis. Recent bespoke instructions have included:

• A 68-allegation investigation into the CEO of a high-profile campaigning organisation, with 29 interviews and a 211-page report
• A 32-allegation grievance investigation against the equivalent of CEO at a global NGO, involving sexual harassment allegations spanning seven years, 16 witnesses, and a 1,000-page evidence bundle
• Allegations of sexual harassment against the Managing Director of a global investment bank
• Three-way grievance and cross-grievances by a senior manager against the chair of the regional board of a national sporting body
• A 14-element bullying and harassment grievance by a Sales Director against the MD of a commercial subsidiary of a London local authority

Bespoke instructions are quoted on the basis of the agreed Terms of Reference, typically as a fixed fee subject to scope, occasionally on a daily-rate basis where the work is genuinely open-ended.

Request a bespoke investigation quote or book a discovery call.

Frequently asked questions

What is a Terms of Reference and why does it matter?

The Terms of Reference is the foundation document of the investigation. It sets out the allegation in clear terms, the scope of what is being investigated, the witnesses to be interviewed, the documents to be considered, the methodology, the timeline, and the deliverables. It is agreed in writing with the commissioning organisation before any witness is contacted. Without a clear Terms of Reference, investigations drift, costs balloon, and findings are vulnerable to challenge. A blank Terms of Reference template is available on request.

Why are interviews recorded?

Recording and verbatim transcription eliminates the risk of disputes about what was said. Hand-written or typed contemporaneous notes are routinely challenged at tribunal: the witness will claim the note is inaccurate or incomplete, and the tribunal has to work out who is right. With a recording and a verbatim transcript, there is no dispute. The parties know exactly what was said. The recordings are deleted after the investigation is concluded; the transcripts are part of the evidence bundle.

Will you recommend a finding on the allegation?

Yes, if the commissioning organisation instructs that as part of the Terms of Reference. The report sets out findings of fact on each material point on the balance of probabilities, and a clear recommendation on whether the allegation should be upheld, partially upheld, or not upheld. Where the Terms of Reference asks only for findings of fact (without a recommendation), the report is structured accordingly. Either approach is professional and defensible.

Can you provide legal advice on the matter?

No. The investigation is conducted outside my regulated practice as a barrister. I do not provide legal advice on the matter to the commissioning organisation. The commissioning organisation should take its own legal advice on any disciplinary or grievance decision based on the investigation. The investigation provides the factual foundation for the decision; the decision itself is for the organisation.

What if the subject refuses to participate?

The subject is invited to participate and given a reasonable opportunity to respond to the allegation. If the subject refuses to be interviewed, the investigation continues based on the other evidence available. The report records the refusal, the reasons given (if any), and proceeds to findings on the basis of the remaining evidence. This is consistent with established case law on workplace investigations, including Burchell.

What if you accept the case but then find it is more complex than it appeared?

If the matter as described falls within scope but the initial reading or first interviews reveal complexity that takes it outside scope (a previously undisclosed second incident, an additional complainant, a connected statutory issue), I come back to the commissioning organisation in writing with a variation request and a quote for the additional work. The organisation decides whether to authorise the variation or proceed within the original fixed scope.

What happens if the commissioning organisation cancels the investigation midway?

A sliding-scale cancellation policy applies. Full refund if cancelled within 48 hours of acceptance and before Terms of Reference work begins. 50% refund if cancelled after Terms of Reference are agreed but before first witness interview. No refund once the first interview has taken place, but the work to that point is delivered to the organisation (interview transcript, partial report) so the organisation can either complete the investigation internally or instruct a different investigator.

Is the investigation confidential?

Yes. The investigation, the witnesses’ identities (where appropriate), the evidence, and the report are confidential to the commissioning organisation and the parties to the investigation. Standard non-disclosure provisions apply throughout. A non-disclosure agreement is signed with each witness at the start of their interview. Where evidence is required to be disclosed in subsequent proceedings (tribunal, court, regulatory body), this is done in accordance with the relevant legal duties.

Are you insured for this work?

Yes. The work is conducted outside my regulated practice as a barrister and is covered by my professional indemnity insurance for non-regulated work. This is a separate policy from the Bar Mutual Indemnity scheme. The Bar Standards Board regulatory regime does not apply to this work. Details of the insurance and the terms of business are provided at acceptance.

How does this compare to using an HR-background investigator?

HR-background investigators are usually less expensive (typically £2,000 to £5,000 for a comparable matter) and are often very competent. The trade-off is the depth of training in evidence assessment, credibility evaluation, report writing, and tribunal preparation. For straightforward cases where the issues are clear and the organisation is not particularly concerned about defending findings at tribunal, an HR-background investigator may be the right choice. For sensitive matters, senior subjects, or cases likely to be challenged, a barrister-led investigation is harder to challenge and more likely to produce findings that survive tribunal scrutiny.

Take the next step

To enquire about a fixed-fee workplace investigation, or to discuss whether the matter falls within scope, please get in touch.

Call 020 4538 0246, email robin@robinsomerville.co.uk, request a quote, or book a discovery call directly.

Related services and resources

For investigations outside the fixed-fee scope (multi-allegation, multi-witness, senior or particularly complex matters), see the bespoke independent workplace investigator service. For matters where mediation would be a better answer than investigation, see fixed-fee workplace and employment mediation. For organisations needing to build internal capability, see workplace investigation training. For underlying knowledge, see the workplace and corporate investigations knowledge guide and the book The Workplace and Corporate Investigator’s Handbook