Most people will agree the payment to former Scottish First Minister, Alex Salmond, of £512,000 following a “botched” sexual harassment investigation is not a good use of taxpayers’ money. The judge, Lord Pentland, ruled the inquiry was “procedurally unfair” and “tainted with apparent bias” after it emerged the investigating officer had “prior involvement” with the women before they complained.
Internal HR teams, given their close involvement with staff, are rarely free of any involvement with employment related issues. The judge said the investigating officer was a “dedicated HR professional” however, because she knew the individuals involved, this went against the investigation, resulting in a huge pay out to Alex Salmond.
We are aware of the politics and personal biases which occur in many businesses. We are also aware internal HR/People teams feel conflicted in dealing with these issues but don’t feel they can go elsewhere for help (unless they are specifically named or involved in the situation, in which case it is clear the investigation must be managed by someone else). Sometimes they feel if they don’t conduct the investigation when asked to do so, they are not doing their jobs properly. On the contrary, as you can see with the Alex Salmond case, sometimes the best course of action is not to deal with a situation internally but outsource it to an HR Consultancy. This then allows the internal HR team to support any employees who are affected by an investigation, especially when it relates to a highly contentious situation. If they were involved in the investigation, they cannot respond in the way they would like. Being supportive of any potential mental health issues is also an important role; this is an area internal HR teams are usually well equipped to help with.
As independent HR consultants, we conduct many highly sensitive and contentious investigations. We ensure we are not party to any side conversations or drawn into the politics of the situation. We only focus on the facts which are relevant to the investigation. We have received formal feedback from Employment Tribunals that our approach to investigations, hearings and appeals is independent and professional.
In any internal situation, there is an element of “leakage” in terms of breaching confidentiality and letting people know what is going on. To minimise this, we can host meetings off-site, via videoconference or telephone, so only the relevant individuals are aware of the interaction. Our conclusions are based on the evidence collated rather than previous history or inference. We also provide a clear recommendation (with reasons) for any subsequent actions, eg performance improvement plans, training, disciplinary, capability processes etc.
When undertaking investigations and creating the associated paperwork, we act on the basis that all our work could be reviewed and assessed at Tribunal. We take the view that we are able to defend whatever actions we have taken and explain every aspect of the written evidence and our conclusions. We deal with the trickiest and thorniest employee relations issues on a daily basis. We regularly receive positive feedback from employment solicitors and Tribunal judges on the independence and comprehensiveness of our investigation reports.
So, if you feel there is a situation within your business which would benefit from an independent investigation, we would be happy to come and discuss it with you. Please contact our employment specialists at emphasis hr & training where we can talk you through the process. Call 01794 874232 or email: info@emphasis.uk.com
