Jurisdiction(s):
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Workplace investigations: key FAQs for employment lawyers on policies, terms of reference, investigator choice, witnesses, sickness absence, confidentiality, alternatives and avoiding procedural pitfalls

Published on: 13 June 2025

Published by a LexisNexis Ireland - Employment expert

Legal News

Article summary

Recent years have seen a sharp rise in workplace investigations, a pattern that shows little sign of slowing. This increase largely stems from the mounting complexity of grievances confronting employers within an ever-changing, evolving work setting. In this climate, it is vital that investigations are carried out rigorously, impartially and efficiently, as any failure can result in a flawed process and leave employers exposed to potential litigation.

In this article, we consider some of the questions clients ask most frequently about managing a workplace investigation and how best to navigate these challenging situations, offering practical pointers on approach and process in practice.

1. What should an employer do if an employee raises concerns but does not wish to proceed with a formal complaint?

This issue arises regularly in practice and is challenging for employers, since in many instances an investigation cannot commence without a formal complaint. Nevertheless, employers can still assist the employee by signposting the relevant policies and handbook, pointing them towards company supports such as an EAP, and reminding them that established procedures exist to help them resolve workplace issues, should they wish to pursue them where appropriate...

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