If you are doing any job, I am sure you are aware of workplace investigation. I think it’s okay if your employer keeps a check on your activities. But, what if your employer starts the process without informing you? It might lead to building a wrong or bad image and even false accusations.
What we need to understand here is that although the employer has the right to figure out how things will proceed in his/her organization, an employee who is being investigated also has certain rights. So, every employee must know this.
Let me Highlight on Workplace Investigation a Bit More
Workplace investigations are just some activities that are done to collect some facts or evidence. It is done to get a better understanding of the real occurrence of an alleged or reported misdemeanor.
I think a reasonable investigation is necessary because if anything is conducted in a manner that is inappropriate it can be a grievance and can disrupt workplace discipline. If anything is conducted unlawfully or in an unfair manner then it can lead to severe repercussions and the organization will be at the risk of legal action against them.

Even before the investigation begins all the necessities should be clarified and the whole course of action should be laid out. The firm should use the best method of intervention.
But the Employer Should Be Clear About Investigation
This is where the employer comes into play, he/she needs to have a clear understanding of what is being investigated. Also, what will be the purpose or the scope of that investigation, how will it proceed, and what will be the role of the investigator as well as the employer?

This all can be termed as ‘terms of reference’. It will also encompass the aim of investigation and requirements of the same. Will it require a recommendation, when and how the results will be disclosed? Who will be the first receiver of those results and other such details? All these points should be made clear before any investigation.
The Icy Whiz team talked to Vit Koval, Co-Founder at Globy, about balancing an employer’s right to conduct workplace investigations and an employee’s right to transparency and fairness. Here is what he said:

“We hire the best developers from all over Latin America and Europe. I understand the need for him to balance the fine line between the employer’s right to conduct investigations in the workplace while at the same time preserving openness and impartiality in the employee.
It is of the utmost importance, in my eyes, that the employer must be allowed to investigate to ensure that the working environment is kept safe and within legal restraints; however, this must be balanced against the right of the employee to be informed of said investigation, more so if they are directly involved.
This will further assure transparency and fairness in the process, which not only protects the rights of the employee but also builds up trust in the team. This helps develop a positive organizational culture.”
So, How Long Should an Investigation Take?
Although it is obvious that any investigation needs to happen in a stipulated time frame. This comes with an unsaid understanding that the investigator may take a little longer to be fair and justified in this process. There is a possibility of a new matter coming up in between the process so there has to be scope for that as well.

If beforehand no timeframe has been given then it is the employer’s duty to tell the employee that he/she will be investigated in a provisional timeline wherein it will be conducted, and it should strictly be followed.
How Important Is It to Inform the Employee?
The only reason when the employee should not be informed about an investigation is when there is an impending chance of them tampering with the evidence or the witnesses of the case.
In all other cases, they should be informed that they are being investigated as soon as possible and preferably at a justifiable time before the investigation is supposed to open.

The employee should also be made aware of the process of investigation, who will be carrying it out, and what all will be the steps in the process with a fair understanding of interpretations and repercussions.
Rhett Stubbendeck, the CEO and Founder of Leverage Planning talked to the Icy Whiz team about balancing transparency between workplace investigation and fairness. Here is what he had to say:

“At Leverage, I’ve made it a point to handle workplace investigations with a clear focus on transparency and fairness.
From day one, I’ve told my team that everyone deserves to know if they’re being investigated and why. This isn’t just about following the rules; it’s about treating people right.
Take a recent example from our finance department. When we spotted some irregularities, the first thing I did was sit down with the employee involved.
I explained what was going on and assured them that they’d have every chance to explain their side. They must know they’re not in the dark.
Fairness means everyone follows the same process. At Leverage, we have a set procedure for investigations—it’s laid out clearly in our employee handbook. Whether it’s a senior manager or a new hire, the same steps apply. This stops any talk of favoritism and keeps things square.
Confidentiality is another big thing for us. During investigations, we keep the circle tight. Only those who need to know are in the loop. This protects everyone involved and ensures the integrity of the investigation.”
I Must Say Procedural Fairness Needs to Be Followed
The employee in any workplace investigation should be given a fair chance at all steps of the process.
- No disciplinary action should be taken and there should be no constructive dismissal on any unfair grounds.
- A democratic approach should be followed and stories and facts from both sides should be collected and given equal importance.
- The employee who is being investigated should be given a clear and firm warning.
- It should be indicative of the fact that if their behavior and performance do not improve it will affect their tenure.
- they should be provided with adequate training, preparation, and skill development time so that they can improve

An employer should also ensure that the employee understands the problem and its consequences.
We interviewed Ana Alipat, Recruitment Team Lead at Dayjob Recruitment on this. Here is what she said:

“Striking a balance between conducting thorough and fair workplace investigations and protecting employees’ rights and dignity is crucial for maintaining trust and a positive culture. Here are some best practices that organizations can follow:
- Ensure Confidentiality: Limit knowledge of the investigation to only those directly involved. This helps protect the involved parties’ privacy and prevents unnecessary workplace gossip, which can lead to an environment of mistrust.
- Communicate Clearly: Inform all relevant parties about the investigation process, what to expect, and the importance of confidentiality. Clear communication can help manage expectations and reduce anxiety or speculation among employees.
- Train Investigators: Ensure that those conducting the investigation are trained not only in investigative techniques but also in interpersonal skills like empathy and impartiality. This ensures that the investigation is conducted professionally and sensitively, respecting all parties’ dignity.
- Adopt a Neutral Stance: Approach the investigation with an open mind, focusing on gathering facts rather than proving assumptions. This neutrality helps ensure that the investigation is fair and unbiased, which is critical for maintaining trust.
- Provide Support: Offer emotional support options, such as access to counseling or an employee assistance program, to all parties involved in the investigation. This underscores the organization’s commitment to employee well-being throughout the process.
- Maintain Regular Updates: Keep the involved parties informed about the progress of the investigation within the bounds of privacy and legal constraints. This helps manage uncertainty and demonstrates the organization’s commitment to resolving the issue promptly.
- Take Decisive Action: Once the investigation is concluded, take appropriate and fair action quickly based on the findings. This shows that the organization is serious about upholding standards and addressing issues comprehensively.
- Review and Learn: After the investigation, review the process to identify any areas for improvement. This could involve soliciting feedback from those involved about how the investigation was handled and how the process could be made less intrusive and more respectful.
By following these best practices, organizations can conduct effective workplace investigations that are thorough and fair, while also protecting the rights and dignity of all employees involved.”
Keeping the Matter Confidential Is Also Necessary
It is an unsaid understanding that all such matters are confidential, everyone that is involved in the process or has an active knowledge of the matter should be explained that breach of the same will lead to disciplinary actions.
The investigation and all its aspect like witness list, evidence, and other facts like timings, place, and procedures should be dealt with in a confidential manner only, and primarily only the employee who is investigated should know all details.

Suspending an Employee in a Disciplinary Case
If the investigation needs to be protected, or the organization and its employees need the protection then the suspension can be chosen. It can not merely be assigned as a disciplinary action because the employee is being investigated.
And in any case, if there is a scope of necessity of suspension then the employee should be informed in advance. And, it should also be made clear that it is not a part of any disciplinary action.
Aseem Jha, Founder of Legal Consulting Pro, shared his views on transparency and fairness in investigations at the workplace. Here is an excerpt from the interview:

“As a legal process outsourcing company, ensuring a balance between thorough workplace investigations and protecting employees’ rights and dignity is paramount.
Drawing from our real-life experiences, we’ve found that transparency and procedural fairness are crucial elements in this delicate balance.
Clear communication with all parties involved, including providing regular updates on the investigation’s progress, helps maintain trust and alleviates concerns.
Additionally, adhering to established investigation protocols and ensuring impartiality in the process is essential to uphold fairness and avoid bias.
Moreover, sensitivity to employees’ emotions and concerns, coupled with maintaining confidentiality where necessary, fosters an environment where employees feel respected and supported throughout the investigation.
By prioritizing these best practices, organizations can navigate workplace investigations with integrity and preserve a positive workplace culture.”
Absence from the Investigation Meeting
The employee who is being investigated should be present for the same at the pre-scheduled time and place. In case he/she fails to do the same, it should be rearranged.
However, given a situation occurs where the employee misses the arrangement repeatedly then the investigation will be carried out even in his absence, by using the available evidence and information.
In such a case the employer should inform the employee that informed decisions are being made. Also, that the investigation is being carried out in the most fair way possible.

Once the investigation process is over the employee who is being investigated should be informed. He/she also has the right to see the results once they have been provided to the person in charge. Based on the report suitable actions are then taken, and whatever that was investigated is presented in a clear manner and conclusive reports are made. I hope now you know what’s fair during workplace investigation.
Guest Author: Saket Kumar
Last Updated on May 21, 2024 by Pragya
Overall, this was a great article with a unique point of view. Surely an employer has the right to conduct a secret workplace investigation. It may be the best way for them to uncover the truth.
I found this article on workplace investigations quite insightful. It delves into the nuances of the process, emphasizing the potential impact on an employee’s image and the importance of informed participation. The explanation of workplace investigations and the balance between employer rights and employee rights is particularly well articulated. As someone interested in workplace dynamics, this provided valuable insights into maintaining fairness and discipline.
This article delves into workplace investigations, exploring the potential pitfalls and employee rights. It stresses the need for a reasonable and lawful investigation, emphasizing terms of reference and procedural fairness. The duration of the investigation is discussed, with considerations for unforeseen circumstances. The importance of informing the employee about the investigation is highlighted, except in cases of potential evidence tampering.
Explore Anushree Khandelwal’s insights on workplace investigations in “Can You Be Investigated At Work Without Your Knowledge?” Uncover the delicate balance between a smooth process and the potential pitfalls of a witch hunt.
The article navigates the rights of employees undergoing investigation, emphasizing the importance of clarity in the investigative process. Khandelwal sheds light on the need for a reasonable and fair approach, preventing legal risks for organizations.
A valuable read for both employers and employees, providing a comprehensive understanding of workplace investigations, their purpose, and the critical considerations in their execution.
In most cases, employees should be informed about workplace investigations, unless there’s a risk of evidence tampering. Properly conducted investigations are essential for understanding alleged misconduct while maintaining workplace discipline. Clear terms of reference, including the purpose, scope, and timeline, should be established. Timely and fair investigations prevent legal repercussions.
In my opinion, the article about workplace investigations was really instructive. It delves into the nuances of the method, emphasizing the need of informed participation and the potential consequences for an employee’s reputation. With the exception of cases where evidence may be manipulated, the need of informing the staff member about the investigation is highlighted.
I think this topic is interesting. The thought of being checked at work without knowing makes me wonder about privacy and being clear. I want to know more about the rules and how to protect rights in these situations. Privacy at work is very important, and it’s necessary to know the limits for a good work atmosphere.
It turns out that while I should respect my employer, there are boundaries that he shouldn’t cross either. It seems that I should be informed if I am being investigated for whatever reason. That’s unless I would interfere with the evidence. Thanks for enlightening me on such an important right in my workplace.