14 June 2012 – Manchester
26 June 2012 – London
Understand how to investigate and interview to deliver a fair, thorough and objective assessment of the facts in an employee investigation.
Overview
An increasingly diverse and complex working environment, coupled with the introduction of a raft of new employment legislation including the Equality Act (2010) and the revised Acas Code, (2009) is putting pressure on organisations to deliver effective discrimination, grievance, misconduct or disciplinary investigations.
The benefits of delivering an effective investigation are understated. Reduced management time, reduced costs and reduced exposure to litigation are just some of the benefits companies can expect to achieve when an investigation goes well. The impact of getting the investigation wrong, however, is widely documented. Errors in investigations can be catastrophic and can make the difference between success and failure should the case reach internal determination, ET or an EAT (Employment Appeal Tribunal).
HR professionals and managers are often required to lead an investigation and often do so with the best of intentions, but commonly they lack a clear framework, core skills, basic strategies or confidence. The result is that simple errors are made which are subjected to extensive scrutiny at a later date.
How many times have HR professionals and managers sat in a hearing or an ET wishing the ground would swallow them up because they over looked the most simple and basic requirements. And it is the job of the employee’s representatives to tear the investigation report to shreds – the more embarrassed you feel – the better they feel. It’s not personal – it just means that there is a greater likelihood that your case will be dismissed.
In these increasingly litigious times it is essential that HR possess key investigation and interviewing skills to deliver a fair, thorough, objective and detailed assessment of the facts and circumstances any type of bulling, discrimination, grievance, misconduct or disciplinary investigation. This course provides delegates with the skills, competencies and strategies to undertake an effective workplace investigation – it offers tried and tested approaches to help delegates at 5 key stages of the investigation:
1. Set up
2. Run
3. Close
4. Report
5. Review
Learning Outcomes
- What makes a good investigation?
- The legislative and statutory framework of grievance, bullying, harassment and disciplinary investigations.
- The role of the investigator and being aware of the potential impact of an investigation.
- How to manage an investigation interview with key protagonists and witnesses
- Key interviewing skills: active listening, summarising, handling strong emotions, impartiality and note-taking.
- The importance of prior research and planning
- The nature of probity, bias and prejudice. The “Burchell Test”. British Home Stores Ltd. v. Burchell. [1980]
- How to compile the final report (a template final report will be supplied to all delegates)
- What happens after an investigation is complete. The role of the investigator at determination panel hearings and Employment Tribunals.
Who should attend?
This course is suitable for anyone who is required to undertake either informal or formal workplace investigations. It is of particular relevance to HR, ER and OD professionals and managers.
Programme
9:30 -10:00 Registrations and Coffee
10:00 – 10:45 Welcome, Introductions and objectives for the day
10:45 – 11:30 introducing the investigation
- What is an investigation?
- What makes a good investigation?
- The role of the workplace investigator
- The legal/statutory framework
- Embedding investigation best practice into your B&H, D&G and Equality policies
11:30 – 11:45 Morning coffee
11:45 – 12:30 Preparing and closing the investigation
- Being clear about what issues you are investigating.
- Determining relevance and creating specific objectives
- What does success look like?
- The Burchell test and the civil burden of proof
- Running an investigation – working through five or six key issues
1. What policies are relevant?
2. formulating timelines and project planning
3. Identifying who needs to be involved
4. Formulating your questions for the interviews
5. Maintaining confidentiality
6. The role of representatives - Producing a final report that will stand up to internal and external scrutiny. (All delegates will receive a tried and tested TCM investigation report template.)
- What to include and what not to include in the final report
- The difference between findings and recommendations
- The role of the management report.
12:30 – 13:15 Lunch and discussion
13:15 – 14:30 Running the investigation interview
- Setting up and managing the interviews with key parties and witnesses
- Key skills for the interview:
- Active listening
- Questioning
- Summarising
- Handling strong emotions
- Impartiality
- Note taking – A few ‘Dos and Don’ts’
14.30 – 15.30 Practice (incorporating afternoon tea)
- An opportunity to practice your interviewing skills through role play
15:30 – 15:50 Debrief and discussion
- What worked
- What didn’t work
- Overcoming blocks and barriers
- Embedding the learning
15:50 – 16:00 Conclusions and Action Planning
Trainer
David Liddle
David Liddle has extensive experience of undertakings complex investigations and training workplace investigators. He believes that fair, thorough and effective investigations underpin employee relations and HR best practice.
David has trained internal investigators in numerous organisations including local authorities, large retailers, NHS Trusts, Police Forces, Government Departments, Airlines, Banks and NGO’s amongst others.
David brings a pragmatic and highly effective approach to workplace investigations and he places success at the heart of his approach. He has worked with numerous companies who have suffered the fall out of badly planned and poorly executed workplace investigations and recognises that the impact of getting it wrong can be substantial.
David is also a mediator and he believes that the approaches of investigations and mediation are interlinked – during his courses, David uses some of his skills as a mediator to help delegates undertake a fuller and more thorough investigation.
David was awarded his MBA with distinction from Leicester Business School and he has written and contributed to several books and papers on conflict resolution and mediation.
or
BECCIE D’CUNHA – DIRECTOR OF RESOLUTION SERVICES
Beccie is an accomplished mediator and trainer with many years of experience in the corporate and not for profit environments. She leads a team of nine full time mediators and trainers within The TCM Group. One of her key roles is to ensure that her team develops and delivers high quality ADR services for our clients. She specialises in the areas of workplace mediation, team and group conferencing, supporting managers and leaders to have difficult conversations, and mediating in board room disputes.
Beccie trained as a mediator in 2001 and her previous experience includes resolving community disputes with Hackney Mediation Service and freelance mediation with Age Concern England’s Advice, Information and Mediation Service. Before joining TCM she also gained experience of preventing and resolving conflicts in various campaign organisations as well as coaching individuals and helping to equip leaders and boards to transform their organisation’s culture. She has also been a facilitator and trainer for a national training course, Peace School.
Beccie’s passion for mediation, learning and development and organisational health led her to join TCM in May 2008. Before then, Beccie spent seven years working in the NGO sector, most recently for the Campaign Against Arms Trade. She has worked on various peace and social justice issues. Her roles included project managing national campaigns, building the capacity of local campaign groups through providing training, coaching, mentoring and other support, communications and outreach work, and organisational development and strategy. She holds a Professional Trainer’s Certificate.
Beccie also has a keen interest in international conflict. She has lived and worked in both
Israel and the Palestinian Territories, has organised peacemaker delegations to the region and has given extensive public talks on this issue in the UK. Until recently she sat on the Executive Board for the Israeli Committee Against House Demolitions UK, a leading peace organisation in this field. She attained a certificate in International Conflict Resolution in 2002.
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Pricing
All training events are priced at £350 + VAT per attendee.
Terms and Conditions
Please see our full terms and conditions here .
Cancellations
Cancellations received in writing up to one month before the event will be refunded in full, less an administration charge of £100 + VAT. We cannot accept cancellations after that time.
How to pay
All payments must be received before the event
Payment can be made online where you can pay by credit card or specify cheque, bank transfer or invoice etc. Please note that we use Paypal to process our credit card payments (you do not need a Paypal account to use this option). See here for more information on paying by credit card.
Alternatively, if you request an invoice when booking you can pay by cheque, in GBP (£), made payable to Black and White Trading Ltd and sent to: Unit F, 44-48 Shepherdess Walk, London N1 7JP. BACS payments and bank transfers can also be made – account details will be supplied on your invoice.
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