9 common HR investigation mistakes and how to fix them
Employee relations issues have a habit of showing up uninvited and sending an entire business into panic mode. One minute, everything’s fine. The next, it’s grievance meetings, disciplinary hearings, and managers feeling like they’re juggling flaming swords.
These issues can grow arms and legs quickly, veering off in directions you didn’t anticipate. That’s why it’s essential for both HR professionals and line managers to be calm, confident, and well prepared to handle whatever comes their way.
If you’re here looking for support with an investigation, head over to our outsourced investigations page. Otherwise, let’s explore some of the most common HR investigation mistakes and how to avoid them.
Mistake 1: Ignoring your own policy
We’ve all seen the tribunal cases where the judge agrees the offence could justify dismissal … but the employer still loses. Why? Because they didn’t follow their own process.
Top tip: Before anything else, dust off your grievance and disciplinary policies. Are they up to date and follow the ACAS code as a minimum? Do they reflect how your business actually operates? If not, now’s the time to review them or ask Jaluch to do it for you!
Mistake 2: Dismissing a grievance because someone’s leaving
Just because an employee has resigned doesn’t mean you can ignore their grievance. Yes, technically they won’t be around for long, but brushing it under the carpet might cost you in a future tribunal.
Top tip: Investigating a grievance, even from someone in their notice period, can give you a clear picture, support ACAS conciliation efforts, and even resolve the issue before it escalates.
Mistake 3: Jumping straight into evidence gathering
When something flares up, some managers go straight into detective mode, interviewing everyone in sight. But this risks confusing the process, breaching confidentiality, and undermining the investigation.
Top tip: Pause. Where appropriate, start with the employee themselves. Their version of events could confirm or clarify things early on, saving you time, and helping with swift resolution.
Mistake 4: Underestimating how complex these cases can get
A straightforward misconduct case can suddenly spiral into a grievance. One process gets paused, another starts, and before you know it, you’re knee-deep in overlapping procedures.
Top tip: Always pause and take stock. Seek advice if needed. Staying on track is better than having to defend a procedural mess later on.
Mistake 5: Forgetting to think commercially
Sometimes, the best outcome isn’t a procedural one, it’s a practical one. Ask yourself: Is this dispute actually resolvable through process alone? If not, could a protected conversation be the better route, with a view to agreeing a settlement agreement that allows both parties to move on?
Top tip: Think outcomes, not just processes. A well-timed off-the-record conversation can be more effective (and less costly) than dragging things through formal procedures.
Need support? At Jaluch, we can help you navigate protected conversations and settlement agreements with confidence and care.
Mistake 6: Neglecting wellbeing
Investigations and formal ER procedures are stressful … for everyone involved. The person raising the grievance, the one it’s about, even the note-taker can feel the strain.
Top tip: Check in with those involved. Signpost to your EAP. A little care and compassion can prevent future grievances about the process itself. Finally, if the worst happens and you end up in tribunal, a caring approach will usually benefit the organisation.
Mistake 7: Being too secretive
Yes, confidentiality matters, but too much secrecy can backfire. People need to understand the rationale behind decisions, especially if they’re unhappy with the outcome.
Top tip: Share what you can. Be clear. Be fair. And let your witnesses know their notes may be disclosed, it avoids nasty surprises later.
Mistake 8: Not explaining things clearly
A vague outcome letter is a fast-track ticket to an appeal. If people don’t understand why a decision was made, they’ll assume the worst. While it might not be the outcome they wanted if you provide proper explanation of how a decision was made there is a chance it will be accepted.
Top tip: Link your decisions to the evidence and policies. Give enough detail to show you’ve taken things seriously and applied your process fairly.
Mistake 9: Poor note-taking
Shaky or inconsistent notes can cause major headaches, especially in complex cases. Disputes over “what was said” are common, and can derail your investigation.
Top tip: For trickier cases, consider recording meetings (with consent!) and using transcripts. It’s a game-changer for accuracy and credibility. If you can’t record the meeting then make sure you appoint a note-taker that knows what to listen out for to capture effective meeting notes. If you’re unsure, consider our note taking in formal meetings course.
Getting investigations right takes care, consistency, and a bit of forward thinking. Avoiding these common mistakes helps keep things fair, compliant, and much less stressful for everyone involved. It also protects your business from unnecessary risk. At the end of the day, a well-handled investigation reflects strong employee relationships and a healthy workplace culture.
How Jaluch can help
At Jaluch, we’ve been supporting organisations like yours with complex HR issues for over 20 years. Here’s how we can help you avoid any HR investigation mistakes…
- Hands-on support: We can guide your managers or HR team through the entire process, from planning to conclusion.
- Independent investigations: Prefer a neutral party? We can handle the investigation for you, fully or in part.
- Training workshops: We offer expert-led training on investigations, HR procedures, and even note-taking best practice.
- Peace of mind: Our approach is friendly, no-nonsense, and always focused on reducing your risk and building trust.
📩 If you liked this article and want more, sign-up to receive free fortnightly updates from us.
Legal disclaimer: The information contained within this article is for general guidance only and represents our understanding of employment and associated law and employee relations issues as at the date of publication. Jaluch Limited, or any of its directors or employees, cannot be held responsible for any action or inaction taken in reliance upon the contents. Specific advice should be sought on all individual matters.