Could your investigation process be causing unnecessary harm?

A recent inquest has prompted HM Treasury to review its disciplinary procedures after an employee took her own life the day after attending an informal fact-finding meeting.

The employee had been called into a meeting without prior notice that allegations had been made against her. She was unexpectedly met by two senior managers and informed that an anonymous complaint alleged she had shared confidential information about colleagues.

During the meeting, she became visibly distressed, crying and appearing overwhelmed. The inquest heard that she repeatedly asked if a trusted colleague could join the meeting for support, but this was declined because managers believed doing so would make the meeting appear too formal.

She was also advised not to discuss the allegations with colleagues whilst enquiries were ongoing. When she asked whether she was going to lose her job, she was told no outcome could be predicted at that stage.

Shortly after leaving the meeting, she sent a text message to a colleague stating, “I am going to be fired.” The following day, she tragically took her own life.

The inquest is continuing and it is important not to speculate about causation. However, the circumstances have led HM Treasury to review its disciplinary procedures, introduce additional guidance for managers and consider how employees are supported during investigation meetings.

Whilst this is an exceptional and deeply tragic case, it serves as a powerful reminder that the way employers communicate concerns can have a profound impact on an employee’s wellbeing.

Although the ACAS Code of Practice does not require employees to be accompanied at informal meetings, employers should consider whether additional support would be appropriate in the circumstances. Equally, whilst there will be occasions where immediate discussions are necessary, providing reasonable notice, explaining the purpose of the meeting and allowing an employee the opportunity to prepare can often reduce unnecessary anxiety without compromising the investigation.

Managers should also remember that allegations remain allegations until they have been properly investigated. The purpose of an investigation is to establish the facts, not to suggest that a decision has already been reached.

Thankfully, cases of this nature are exceptionally rare. However, they reinforce an important principle, how an employer handles the first conversation about allegations can be just as important as the investigation itself.

Reviewing investigation procedures, training managers to handle difficult conversations sensitively and recognising the potential impact allegations can have on an individual’s wellbeing are all essential parts of a fair process. Whilst these steps help reduce legal risk, they also demonstrate a commitment to treating employees with dignity during what may be one of the most stressful experiences of their working life.

121 HR Solutions provides training for managers in handling investigations and can deliver these in-house. For further information contact us on 0800 9995 121.

Could your investigation process be causing unnecessary harm?

121 HR Solutions Ltd