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Workplace Investigations

As well as being providers of expert employment law advice, we are well-versed in the management of special situations. Our employment experts offer a suite of specialist services for clients investigating workplace misconduct, and also frequently act for senior executives defending such allegations. Our unique experience advising both businesses and senior executives on complex and often high-profile investigations means we are also frequently asked to run independent investigations for employers for whom we do not act.

We are acutely aware of the issues that can arise during workplace investigations: the importance and challenges of the role of the investigator, choosing the right investigating officer, independence, scoping and terms of reference, legal privilege and disclosure, cyber issues and data protection. We work as an experienced, multi-disciplinary investigations team and draw on our in-house civil, criminal and regulatory investigations experts, our reputation protection team and our in house cyber consultancy, MDR Cyber - who can offer an impartial, outsourced process. We have experience of advising on the employment implications of large-scale and public employee scandals.

We are problem solvers. The successful implementation of the outcome of an investigation process often depends on finding pragmatic, practical resolutions to entrenched problems. Workplace mediation is an integral part of our investigations offering. Mediation provides an efficient and cost-effective opportunity for parties to discuss issues openly and honestly under the protection of a confidential process which can prove invaluable in avoiding parties' positions becoming entrenched.  Even where resolution is not possible, workplace mediation can offer an early solution of an agreed departure and avoid wasted management time. Our team includes a number of in-house CEDR accredited mediators and we also work with a panel of external mediators.  

Many clients come to us for training (for example as a 'lessons learned' exercise after a Tribunal claim). We frequently advise employers wanting to get their house in order, and we are adept at minimising the risk of successful whistleblowing claims through proper internal policies, procedures and training. Our 'health check' is an audit service to ensure that businesses have the appropriate policies and procedures in place. Around this we can build effective staff training programmes for the long term protection of the business.

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