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Health and Safety Grievance Investigation Report
Health and Safety Grievance Investigation and Report
When employees raise formal concerns or complaints, known as grievances, regarding their working environment, particularly those related to health and safety, a thorough and impartial investigation is crucial for resolution and legal compliance.
Investigation Services for Health and Safety Grievances
Our services are specifically designed to provide the necessary objectivity and expertise to handle these sensitive workplace investigations.
The Critical Role of an Independent Investigator
A grievance is defined as a concern, problem, or complaint that an employee raises with their employer. A health and safety grievance arises when an employee brings circumstances connected to their work to the employer's attention, which they reasonably believe to be harmful or potentially harmful to their health or safety. This also covers circumstances where an employee reasonably believes there is a serious and imminent danger.
Independent Investigator
A fundamental requirement for handling any grievance fairly is conducting a proper investigation—a fact-finding exercise essential to enable the employer to make an informed and legally sound decision. Failing to conduct a reasonable investigation risks having the decision deemed unfair and leaves the employer vulnerable to legal action.
Our Commitment to Impartiality and Expertise
The investigator's role is to be fair and objective in establishing the essential facts of the matter and determining what did or did not happen, actively seeking evidence that supports and contradicts the allegations.
In complex or severe cases, such as those involving health and safety risks, discrimination, or bullying complaints, it is preferable to appoint a senior and experienced investigator.
We operate as external investigators, which offers distinct advantages, particularly when internal conflicts or perceptions of bias exist:
Ensuring Impartiality
Our independence is crucial, as we are not directly involved in the case. Allowing an individual whose actions form part of the grievance to investigate it would arguably constitute a breach of natural justice and the implied contractual duty to offer the employee a reasonable opportunity for redress.
Avoiding Conflicts of Interest
Appointing an external investigator helps guard against conflicts of interest or perceptions of bias.
Specialised Expertise
External professionals may be appointed to access specific expertise relevant to the grievance.
While Acas guidance states that appointing an external consultant is only appropriate in exceptional circumstances, we bring an independent view and detachment from the internal matter.
How We Conduct Health and Safety Investigations
Our approach follows best practices established by Acas guidance to ensure a comprehensive and defensible investigation process:
We draft a detailed investigation plan at the outset, clearly setting out the scope, identifying witnesses, evidence sources (such as work records, CCTV footage, or emails), time limits, and emphasising the crucial importance of confidentiality.
An investigation must be sufficiently thorough, fair, and reasonable. We collect relevant evidence, including conducting interviews with key parties in a neutral and non-confrontational manner. We act promptly throughout the process, as unnecessary delay can cause memories to fade or create a perception of unfairness.
Confidentiality is of paramount importance during the investigation, applying to the process itself and to any witnesses interviewed. We manage disclosure carefully, ensuring it is only provided to the extent necessary to conduct a reasonable investigation.
Upon concluding the fact-finding, we produce an objective and concise investigation report. The report includes all evidence collected and covers both established and unestablished facts. Where required, we restrict recommendations to options for formal action, informal action, or no further action, rather than prejudging the final outcome of the grievance.
For grievances that also involve potential whistleblowing, discrimination, or possible criminal matters (such as threats of violence or hate crimes), we provide the necessary expertise to navigate these overlaps, ensuring the appropriate initial considerations are addressed.
The Investigation Report
The Investigation Report that I produced after the investigation is the crucial document produced once the investigator has established the facts surrounding the grievance as far as is reasonably possible and appropriate. Acas advises that this report should be objective and concise, avoiding jargon, and must systematically include all evidence collected. The report must clearly address and cover both the established facts and those that remain unestablished, while also noting any mitigating circumstances that should be considered. The archived Acas guidance suggests arranging the conclusions into uncontested facts, contested facts (where the investigator determines what occurred on the balance of probabilities), and unsubstantiated claims. Crucially, the investigator is restricted from prejudging the outcome of the grievance or appeal; their role is to limit recommendations to specific courses of action: formal action, informal action, or no further action. If the investigation uncovers issues outside the scope of the grievance (such as training needs or policy defects), these should be reported to the employer in a separate document. Finally, the report must be shared with the employee who raised the grievance.
We are to Protect your Business
By appointing us, you demonstrate a commitment to following a full and fair procedure in line with the Acas Code of Practice, aiming to resolve grievances effectively and mitigate risks of employment tribunal claims.
Health and Safety Grievance Investigation and Report
When employees raise formal concerns or complaints, known as grievances, regarding their working environment, particularly those related to health and safety, a thorough and impartial investigation is crucial for resolution and legal compliance.
Investigation Services for Health and Safety Grievances
Our services are specifically designed to provide the necessary objectivity and expertise to handle these sensitive workplace investigations.
The Critical Role of an Independent Investigator
A grievance is defined as a concern, problem, or complaint that an employee raises with their employer. A health and safety grievance arises when an employee brings circumstances connected to their work to the employer's attention, which they reasonably believe to be harmful or potentially harmful to their health or safety. This also covers circumstances where an employee reasonably believes there is a serious and imminent danger.
Independent Investigator
A fundamental requirement for handling any grievance fairly is conducting a proper investigation—a fact-finding exercise essential to enable the employer to make an informed and legally sound decision. Failing to conduct a reasonable investigation risks having the decision deemed unfair and leaves the employer vulnerable to legal action.
Our Commitment to Impartiality and Expertise
The investigator's role is to be fair and objective in establishing the essential facts of the matter and determining what did or did not happen, actively seeking evidence that supports and contradicts the allegations.
In complex or severe cases, such as those involving health and safety risks, discrimination, or bullying complaints, it is preferable to appoint a senior and experienced investigator.
We operate as external investigators, which offers distinct advantages, particularly when internal conflicts or perceptions of bias exist:
Ensuring Impartiality
Our independence is crucial, as we are not directly involved in the case. Allowing an individual whose actions form part of the grievance to investigate it would arguably constitute a breach of natural justice and the implied contractual duty to offer the employee a reasonable opportunity for redress.
Avoiding Conflicts of Interest
Appointing an external investigator helps guard against conflicts of interest or perceptions of bias.
Specialised Expertise
External professionals may be appointed to access specific expertise relevant to the grievance.
While Acas guidance states that appointing an external consultant is only appropriate in exceptional circumstances, we bring an independent view and detachment from the internal matter.
How We Conduct Health and Safety Investigations
Our approach follows best practices established by Acas guidance to ensure a comprehensive and defensible investigation process:
We draft a detailed investigation plan at the outset, clearly setting out the scope, identifying witnesses, evidence sources (such as work records, CCTV footage, or emails), time limits, and emphasising the crucial importance of confidentiality.
An investigation must be sufficiently thorough, fair, and reasonable. We collect relevant evidence, including conducting interviews with key parties in a neutral and non-confrontational manner. We act promptly throughout the process, as unnecessary delay can cause memories to fade or create a perception of unfairness.
Confidentiality is of paramount importance during the investigation, applying to the process itself and to any witnesses interviewed. We manage disclosure carefully, ensuring it is only provided to the extent necessary to conduct a reasonable investigation.
Upon concluding the fact-finding, we produce an objective and concise investigation report. The report includes all evidence collected and covers both established and unestablished facts. Where required, we restrict recommendations to options for formal action, informal action, or no further action, rather than prejudging the final outcome of the grievance.
For grievances that also involve potential whistleblowing, discrimination, or possible criminal matters (such as threats of violence or hate crimes), we provide the necessary expertise to navigate these overlaps, ensuring the appropriate initial considerations are addressed.
The Investigation Report
The Investigation Report that I produced after the investigation is the crucial document produced once the investigator has established the facts surrounding the grievance as far as is reasonably possible and appropriate. Acas advises that this report should be objective and concise, avoiding jargon, and must systematically include all evidence collected. The report must clearly address and cover both the established facts and those that remain unestablished, while also noting any mitigating circumstances that should be considered. The archived Acas guidance suggests arranging the conclusions into uncontested facts, contested facts (where the investigator determines what occurred on the balance of probabilities), and unsubstantiated claims. Crucially, the investigator is restricted from prejudging the outcome of the grievance or appeal; their role is to limit recommendations to specific courses of action: formal action, informal action, or no further action. If the investigation uncovers issues outside the scope of the grievance (such as training needs or policy defects), these should be reported to the employer in a separate document. Finally, the report must be shared with the employee who raised the grievance.
We are to Protect your Business
By appointing us, you demonstrate a commitment to following a full and fair procedure in line with the Acas Code of Practice, aiming to resolve grievances effectively and mitigate risks of employment tribunal claims.