HR Investigations | Appeals | Protected Disclosures
We have extensive experience of carrying out independent investigations on any issue requiring an objective thorough enquiry to ascertain the facts. Such investigations cover a variety of matters, in particular Disciplinary, Grievance, Dignity at Work (bullying & harassment). We understand the importance of investigations being carried out in a prompt manner. Our legal training, qualifications and expertise add significant value to these processes. We treat people with respect and absolute objectivity and we ensure that their constitutional right to fair procedures and constitutional and natural justice are fully upheld in the procedures that we employ.
Examples of investigations include:
- Multi-party complaint, including senior management within the media industry;
- Whistleblower investigation in a global corporation;
- A complex interpersonal dispute involving senior scientific professionals within the Healthcare Sector;
- A range of disciplinary investigations encompassing a wide range of issues from alleged fraud, theft, performance and capability;
- Investigations under HSE Trust-In-Care policy and associated disciplinary process.
At the conclusion of the investigation, we produce a comprehensive report based on which the employer can, with confidence, decide on the appropriate course of action. We have well-developed methodologies and our reports have been subjected to scrutiny in a variety of fora, in particular, in the context of legal and EAT/WRC disputes (unfair dismissals) and our record is impeccable.
We carry out investigations solely or on a joint basis with the client company, i.e. in in conjunction with a line manager within an business. We have female and male investigators.
As members of the Association of Workplace Investigators, we uphold the highest standards of ethics and professional conduct.
Decisions made in respect of people in the course of their work are usually open to appeal. Such decisions include a decision to dismiss, impose a disciplinary sanction, to make someone redundant, job evaluation and salary evaluation, etc. Appeals should be heard by a person unconnected with the process so far and in a position of authority, at least as senior as the person who made the decision that is under appeal.
Talbot Pierce can support the manager throughout the process (advising on process, attendance at the meeting(s), etc.). Alternatively, where the business does not have a suitable person to hear the appeal, Talbot Pierce Consulting can hear the appeal. While having an appeal heard and determined by someone unconnected with the business is not ideal, there are no procedural difficulties with it and we ensure that we gain a good understanding of the business in advance of reaching a decision.
Advice on Policies, Procedures and Implementation
Under the Protected Disclosures Act 2014, public bodies are required to “establish and maintain procedures for the making of protected disclosures by workers who are or were employed by the public body and for dealing with such disclosures”.
Whilst there is no specific obligation to take steps to inform staff or to provide training, it is advisable that such steps should be taken, and may be deemed necessary, to “establish” the policy within an organisation.
We recommend that organisations take steps to create and promote a culture and environment that encourages accountability and transparency where staff members are both encouraged and supported in reporting concerns about wrongdoing.
We advise that staff members should be made aware of the contents of the Protected Disclosures legislation and ensure that Designated Officers (persons to whom disclosures should be made) know what to do in the event that a protected disclosure is made to them.
Talbot Pierce can advise and support your organisation in development and implementation of relevant procedures to ensure compliance with the legislation.
Talbot Pierce has a separate division, headed up by Simon Brady BL, set up to be the ‘Designated Officer’ for your organisation. It is not always possible or feasible to have suitably experienced or qualified person to be your Designated Officer.
We can assure you of our discretion and reliability. Simon is an experienced barrister, adjudicator & mediator, with the gravitas and credibility to deliver this service for your organisation.
Please contact us to discuss what we can do for you: Info@TalbotPierce.com or (01) 902 00 31.