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Race Discrimination Grievance Investigation
Investigating a Race Discrimination Grievance
The role of an investigator in a race discrimination grievance is primarily a fact-finding exercise aimed at collecting all relevant information regarding the concerns, problems, or complaints raised by the employee. Race, as a protected characteristic under the relevant law, includes colour, nationality, and ethnic or national origins. A properly executed investigation enables the employer to make an informed decision after thoroughly considering the relevant facts.
My duty is to be fair, objective, and impartial
To fulfil this role, the investigator must be fair and objective, systematically seeking evidence that both supports and contradicts the allegation to establish precisely what did or did not happen. For complex matters such as discrimination complaints, it is generally preferable to appoint someone senior and experienced. It is essential that the investigator is suitably impartial and independent, with no prior involvement in the case, to avoid any conflict of interest or perception of bias.
The investigation plan
Effective investigation requires thorough preparation and adherence to principles of fairness. The investigator should draft an investigation plan at the outset to ensure the process is full, fair, and completed as quickly as possible.
My role and responsibility as an investigator must be clearly explained in their terms of reference, detailing the scope of what needs to be investigated and to whom the findings should be reported. The investigator must check all relevant internal policies, specifically including grievance, disciplinary, DEI (Diversity, Equity, and Inclusion), and equal opportunities procedures. Crucially, the investigation must proceed promptly, as unnecessary delay may cause memories to fade or create a perception of an unfair process.
Open-mindeness
When conducting the investigation, the investigator must operate with an open mind and be aware of any sensitivities, recognising that it can be challenging for an employee to speak up about discrimination. The employee who raised the grievance should ordinarily be interviewed first to ensure the investigator fully understands the issues they are aggrieved about. All investigation meetings must take place in a private room. At the start of every meeting, the investigator should explain their role, the purpose of the meeting, and the importance of maintaining confidentiality throughout the process. The questioning style used should be neutral and non-confrontational to gather facts and evidence effectively. If the grievance concerns indirect race discrimination, the investigator must evaluate whether a seemingly neutral provision, criterion, or practice (PCP) puts persons of the aggrieved employee's racial group at a particular disadvantage and whether that PCP can be objectively justified as a proportionate means of achieving a legitimate aim.
Conduct of the Grevaince Hearing
Given the sensitivity of race discrimination complaints, providing support and maintaining strict confidentiality is critical. It is good practice to advise the employee who has raised the issue of available support, which may include mental health support through an employee assistance programme or referral to specialist external organisations. Confidentiality is paramount throughout the investigation. Suppose temporary measures are required because the employee who raised the grievance works closely with the subject of the complaint. In that case, the employer should ensure that any temporary move is done fairly and should not move the complainant unless they request it, as this could be viewed as punishment or victimisation. Where the grievance raises potential criminal matters, such as hate crimes (like racist abuse), the investigator should consider at the outset whether the Police or regulators should be informed. If the employer considers involving the Police, they should discuss this with the employee and take their views into account, with the final decision usually resting with the employee unless there is an immediate risk of harm.
The Grivance of Appeal Report
Once I have conducted my role as the investigator, I must produce an objective and concise report that avoids jargon and includes all evidence collected. The report should clearly outline the facts that were established and those that were not. Where facts are contested or contradictory, the investigator determines what occurred on the balance of probabilities. The conclusions reached in the report must be the investigator's own. If the investigator is asked to make recommendations, they should restrict these to suggesting formal action, informal action, or no further action. The employer must then communicate the outcome of the grievance to the employee in writing without unreasonable delay.
Investigating a Race Discrimination Grievance
The role of an investigator in a race discrimination grievance is primarily a fact-finding exercise aimed at collecting all relevant information regarding the concerns, problems, or complaints raised by the employee. Race, as a protected characteristic under the relevant law, includes colour, nationality, and ethnic or national origins. A properly executed investigation enables the employer to make an informed decision after thoroughly considering the relevant facts.
My duty is to be fair, objective, and impartial
To fulfil this role, the investigator must be fair and objective, systematically seeking evidence that both supports and contradicts the allegation to establish precisely what did or did not happen. For complex matters such as discrimination complaints, it is generally preferable to appoint someone senior and experienced. It is essential that the investigator is suitably impartial and independent, with no prior involvement in the case, to avoid any conflict of interest or perception of bias.
The investigation plan
Effective investigation requires thorough preparation and adherence to principles of fairness. The investigator should draft an investigation plan at the outset to ensure the process is full, fair, and completed as quickly as possible.
My role and responsibility as an investigator must be clearly explained in their terms of reference, detailing the scope of what needs to be investigated and to whom the findings should be reported. The investigator must check all relevant internal policies, specifically including grievance, disciplinary, DEI (Diversity, Equity, and Inclusion), and equal opportunities procedures. Crucially, the investigation must proceed promptly, as unnecessary delay may cause memories to fade or create a perception of an unfair process.
Open-mindeness
When conducting the investigation, the investigator must operate with an open mind and be aware of any sensitivities, recognising that it can be challenging for an employee to speak up about discrimination. The employee who raised the grievance should ordinarily be interviewed first to ensure the investigator fully understands the issues they are aggrieved about. All investigation meetings must take place in a private room. At the start of every meeting, the investigator should explain their role, the purpose of the meeting, and the importance of maintaining confidentiality throughout the process. The questioning style used should be neutral and non-confrontational to gather facts and evidence effectively. If the grievance concerns indirect race discrimination, the investigator must evaluate whether a seemingly neutral provision, criterion, or practice (PCP) puts persons of the aggrieved employee's racial group at a particular disadvantage and whether that PCP can be objectively justified as a proportionate means of achieving a legitimate aim.
Conduct of the Grevaince Hearing
Given the sensitivity of race discrimination complaints, providing support and maintaining strict confidentiality is critical. It is good practice to advise the employee who has raised the issue of available support, which may include mental health support through an employee assistance programme or referral to specialist external organisations. Confidentiality is paramount throughout the investigation. Suppose temporary measures are required because the employee who raised the grievance works closely with the subject of the complaint. In that case, the employer should ensure that any temporary move is done fairly and should not move the complainant unless they request it, as this could be viewed as punishment or victimisation. Where the grievance raises potential criminal matters, such as hate crimes (like racist abuse), the investigator should consider at the outset whether the Police or regulators should be informed. If the employer considers involving the Police, they should discuss this with the employee and take their views into account, with the final decision usually resting with the employee unless there is an immediate risk of harm.
The Grivance of Appeal Report
Once I have conducted my role as the investigator, I must produce an objective and concise report that avoids jargon and includes all evidence collected. The report should clearly outline the facts that were established and those that were not. Where facts are contested or contradictory, the investigator determines what occurred on the balance of probabilities. The conclusions reached in the report must be the investigator's own. If the investigator is asked to make recommendations, they should restrict these to suggesting formal action, informal action, or no further action. The employer must then communicate the outcome of the grievance to the employee in writing without unreasonable delay.