Almost two-thirds (65%) of workplaces have had to conduct an investigation in the last year, according to our latest survey of 280 employers.
The survey was carried out during our recent Employment Law webinar, How to Conduct an Effective Workplace Investigation. The event provided practical tips along with best practice advice to navigate the legal complexities of investigating grievances, disciplinaries or bullying and harassment issues at work.
The investigations primarily focused on disciplinary issues (44%), followed by grievances (32%).
The majority of these investigations were handled internally, with more than three-quarters (76%) of respondents stating they did not enlist external help. The investigations primarily focused on disciplinary issues (44%), followed by grievances (32%). However, complaints regarding bullying (9%), harassment (8%) and protected disclosures (7%) also featured, albeit in smaller percentages.
Melanie Crowley, Partner and Head of our Employment Law and Benefits team, commented: “The high percentage of internal investigations demonstrates the critical need for robust internal processes and protocols. It also underscores the importance of continuous education and training to effectively navigate the sensitive and often complex nature of workplace investigations in a thorough and impartial manner.”
The survey also highlighted the relatively low use of mediation, with only 38% engaging in this resolution option at any stage of an investigation.
"Employers could benefit from a greater awareness of mediation as a tool to repair and maintain a positive workplace environment as well as to avoid what can be a costly process."
Ronnie Neville, Employment Law and Benefits Partner, said: "This finding suggests the potential underuse of what can be an effective, collaborative, and often less adversarial way of resolving workplace conflicts. Employers could benefit from a greater awareness of mediation as a tool to repair and maintain a positive workplace environment as well as to avoid what can be a costly process. Particularly when a formal process has concluded, engaging in some form of remedial mediation can be very helpful in facilitating the resumption of normal working relationships.”
Read more about the survey results on the Law Society Gazette or Irish Legal News, or find out more about our Employment team.
