How to Conduct a Fair and Compliant HR Investigation

When an issue arises in the workplace—be it misconduct, harassment, or a breach of company policy—a clear, structured HR investigation is essential. Done correctly, it helps protect your team, uphold fairness, and ensure compliance with Irish employment law.

At PurpleTree, we support SMEs across Ireland with workplace investigations ranging from minor disputes to serious allegations. Our hands-on approach ensures business owners and managers are not left navigating difficult situations alone.

Here’s a practical guide to running an HR investigation that’s professional, compliant, and fair for everyone involved.


What Is an HR Investigation?

An HR investigation is a formal process used to explore workplace complaints or concerns. This may involve:

  • Allegations of bullying, harassment, or discrimination
  • Breaches of internal policy (e.g. misuse of resources)
  • Misconduct, fraud, or unethical behaviour
  • Health and safety violations

The investigation aims to uncover facts, determine whether policies have been breached, and decide what action—if any—is required. It must be carried out impartially, confidentially, and in line with your disciplinary and grievance procedures.

Our senior team, including Seán, who leads on workplace mediation and industrial relations, regularly supports clients through sensitive investigations and resolution strategies.


Why HR Investigations Matter

An investigation isn’t just a box-ticking exercise. It helps:

  • Prevent further harm or escalation of issues
  • Protect your business from legal claims or reputational damage
  • Provide closure for affected employees
  • Reinforce trust in your internal processes

A poor or biased investigation can lead to claims of unfair dismissal or discrimination—so it’s crucial to get it right.


When Should You Investigate?

Not every complaint warrants a full formal investigation. However, you should consider one when:

  • A formal grievance is submitted
  • A policy or code of conduct may have been breached
  • There are concerns about workplace bullying, harassment, or discrimination
  • Health and safety rules have been ignored
  • Fraud, theft, or unethical behaviour is suspected

Mary, our Legal Counsel, advises that formal investigations are vital when there’s potential legal exposure or where employees are at risk. We also help SMEs decide when informal resolution is more appropriate.


Step-by-Step: How to Run a HR Investigation

1. Review the Initial Complaint

Clarify the issue. Is it a grievance? A misconduct concern? A health and safety risk? Take immediate safeguarding steps if necessary—such as suspending access to systems or removing individuals from the work environment.

2. Appoint an Appropriate Investigator

Choose someone impartial. This could be a line manager, HR professional, or in sensitive cases, an external investigator (which we can provide). Avoid anyone with a prior personal or professional involvement in the matter.

3. Plan the Investigation

Define the scope. What are you investigating? What policies may have been breached? Who are the relevant people to speak with? Set a realistic timeline and clarify confidentiality expectations.

4. Conduct Interviews and Collect Evidence

Interview the complainant, witnesses, and the individual(s) subject to the complaint. Keep the tone professional, the questions open-ended, and the records detailed and factual. Collect all relevant documents—emails, CCTV footage, call logs, prior complaints, etc.

5. Evaluate the Findings

Once all information is gathered, review it objectively. Has there been a breach of policy or law? If yes, what next steps are appropriate—verbal warning, formal disciplinary, or dismissal?

6. Make a Decision and Communicate It

Document your findings and reasoning. Inform the involved parties of the outcome clearly and respectfully. Maintain confidentiality throughout.

7. Take Action and Prevent Future Issues

Implement disciplinary action (if necessary) and update policies or training programmes if the investigation revealed systemic gaps. Consider mediation, coaching, or further support for the team.

8. Follow Up

Check in with affected staff. Has the issue been resolved? Is further support required? This final step helps rebuild trust and shows that you take concerns seriously.


Best Practices for SME Investigations

✅ Act Quickly

Delays allow tension to build and risk evidence being lost. Begin the process as soon as reasonably possible.

✅ Maintain Confidentiality

Only those directly involved should know the details. Gossip or speculation can damage morale and expose you legally.

✅ Stick to Your Policies

Every SME should have a clearly documented grievance and disciplinary policy. We help our clients build compliant, plain-English policies tailored to the Irish legal landscape.

✅ Stay Neutral

Investigators must keep personal opinions and bias out of the process. If neutrality is in doubt, bring in an external professional.

✅ Document Everything

Clear, dated records of interviews, decisions, and evidence help protect your business and demonstrate fairness if your process is challenged.


When a Formal Investigation Isn’t Needed

Not every issue requires a full investigation. For example:

  • Personality clashes
  • One-off misunderstandings
  • Low-level tension without breaches of policy

In these cases, we often recommend mediation or structured informal resolution—especially if both parties are willing to find common ground. Our advisors, including Seán, offer mediation services to resolve conflict before it escalates.


Need Help with a Workplace Investigation?

Running a workplace investigation can feel daunting—but you don’t have to manage it alone.

At PurpleTree, we guide Irish SMEs through the entire process: from reviewing the complaint to managing disciplinary outcomes or supporting tribunal preparation (if required). Our team combines legal knowledge with real-world HR experience to help you make confident, fair, and compliant decisions.

Whether you need external investigators, policy templates, or just some advice on how to handle a delicate issue, we’re here to help.

Contact PurpleTree today for confidential guidance or to arrange a consultation with one of our senior advisors.


Categories:
Last update: