External grievance investigators for employers.
Independent investigators who take the terms of reference, interview the witnesses, make findings of fact and deliver a written report the organisation can rely on at appeal and, if it comes to it, at tribunal.
A grievance that is investigated badly costs far more than one investigated properly. The tribunal rarely criticises an employer for reaching the wrong conclusion on disputed facts. It criticises employers for investigations that were too narrow, that never put the allegations to the person complained about, that ignored obvious documents, or that were carried out by someone who could not realistically be seen as impartial. Those failings are also what turn a grievance into a constructive dismissal or whistleblowing claim.
Bringing in an external investigator solves several problems at once. It removes the conflict where the obvious internal investigator reports to, or is friends with, the person complained about. It gives the workforce a process they can believe in. It keeps HR free to advise the business rather than becoming a witness. And it produces a report written by someone used to weighing evidence and to being cross examined on it.
Clerk&Counsel places independent investigators with employers across England and Wales, from single grievance matters in small businesses to multi-complainant investigations in schools, charities, NHS bodies, professional practices and listed groups. Investigators are placed as fact finders, and separately we can place independent chairs for the hearing and employment counsel to advise the decision maker, so the roles stay properly separated.
Grievances we are instructed to investigate.
- Bullying, harassment and abusive management allegations.
- Discrimination and victimisation complaints under the Equality Act 2010.
- Sexual harassment complaints, including historic complaints and multiple complainants.
- Whistleblowing and protected disclosure concerns raised through a grievance.
- Grievances against directors, trustees, partners, headteachers and chief executives.
- Collective grievances raised by a group of employees or through a trade union.
- Cultural reviews following a pattern of complaints in one team or department.
- Grievances raised in response to a disciplinary process or during a settlement negotiation.
How the investigation is run.
The first step is written terms of reference. They record the allegations to be investigated, the questions the investigator is being asked to answer, whether the investigator is to make findings or simply record evidence, the documents to be provided, the timetable and the reporting line. Getting the terms of reference right is the single most effective way to keep an investigation focused and defensible.
The investigator then gathers documents, interviews the complainant, the person complained about and the relevant witnesses, and puts every allegation squarely to the person facing it before any conclusion is reached. Interviews are recorded in notes that each witness is invited to check. Confidentiality is explained honestly at the outset, including the fact that a witness account may need to be disclosed to the person complained about so they can answer it.
The written report sets out the terms of reference, the evidence considered, the findings of fact on each allegation with reasons, and where instructed a view on whether each allegation is upheld on the balance of probabilities. Recommendations on process and culture can be included as a separate section so the decision maker can consider them independently of the findings.
Acas, the Equality Act and tribunal risk.
The Acas Code of Practice on disciplinary and grievance procedures requires a fair, prompt and proportionate investigation. Unreasonable failure to follow it allows a tribunal to adjust compensation by up to 25 per cent, and that adjustment applies to the whole award, including any discrimination element.
Where the complaint alleges harassment or discrimination, the employer's response is itself part of the claim. Section 109 of the Equality Act 2010 makes an employer liable for acts of its employees unless it took all reasonable steps to prevent them, and a properly conducted investigation is central evidence on that defence. The duty on employers to take reasonable steps to prevent sexual harassment has raised the standard expected further.
A defensible report also has value long before any hearing. It gives the board an accurate account, it allows a realistic view of settlement to be taken early, and it prevents the organisation from defending a position that the evidence does not support.
Support beyond the investigation.
The investigator does not chair the hearing or impose a sanction. Where further support is needed we can place:
- Independent chairs for grievance, disciplinary and appeal hearings.
- Workplace and employment mediators where the working relationship can be repaired.
- Employment counsel to advise on merits, draft the response and conduct the tribunal hearing.
- Policy and procedure reviews following a systemic finding.
Specialist areas within this practice.
- Independent workplace investigations
The national investigation service, terms of reference and fees.
- Bullying and harassment investigations
Investigators for harassment and abusive management complaints.
- Workplace mediation
Repairing working relationships without a formal process.
- Employment barristers
Tribunal advocacy, advice and appeals.
- Employment and discrimination barristers
Discrimination claims for claimants and respondents.
Need an external grievance investigator?
Send the allegations in outline, the policy that applies and the timescale you are working to. A clerk will come back with investigator options and a written fixed fee.
Common questions.
When should a grievance be investigated externally?
Where the grievance is against a senior leader, where the natural internal investigator is a witness or is implicated, where there is a real risk of a tribunal claim, where the workforce would not accept an internal finding as impartial, or where the subject matter is serious enough that the board needs an account it can defend publicly.
Does the investigator decide the outcome?
No. The investigator makes findings of fact against the terms of reference and, where instructed, expresses a view on whether the allegations are upheld. The decision, any sanction and any remedy remain with the employer, which keeps the decision-maker role separate and defensible.
How long does a grievance investigation take?
A focused grievance with three or four witnesses is usually complete within two to four weeks of instruction. Larger investigations with multiple complainants, long histories or substantial document review take longer, and a timetable is agreed at the outset.
Is the report privileged?
Not automatically. Whether legal advice privilege or litigation privilege applies depends on who instructs, why, and what the report is for. That should be decided before the investigation starts, because a report commissioned as a fact-finding exercise is usually disclosable in a tribunal claim.
What does it cost?
A written fixed fee based on the number of allegations, witnesses and documents, or an agreed day rate for larger matters. The fee is quoted before instruction and revised only if the scope changes.
Are you a barristers' chambers?
No. Clerk&Counsel is a clerking agency and a trading style of Found First Digital Ltd. We place independent barristers regulated by the Bar Standards Board and non-barrister investigators and mediators, and the instruction runs directly between you and the practitioner.