Independent workplace investigators in Bristol.
External fact finding for Bristol and South West employers. Written terms of reference, impartial witness interviews, findings on each allegation and a report that stands up at appeal and at tribunal.
Bristol employers range from aerospace and engineering groups and financial services businesses to universities, NHS trusts, academy trusts, charities and a large professional services sector. What they have in common is that serious workplace complaints tend to involve someone senior, and the moment that happens the internal investigation route becomes difficult to defend.
An external investigator removes the difficulty. The investigator has no history with either party, no reporting line into the department concerned and no role in the decision that follows. The findings are made on the evidence, against written terms of reference, and set out with reasons in a report that the employer can act on and, if necessary, disclose.
Clerk&Counsel places independent investigators with employers across Bristol and the South West, from single grievance matters in owner-managed businesses to multi-complainant investigations in large public sector and regulated organisations. Investigators, independent hearing chairs and employment counsel are placed as separate practitioners so that the fact finder, the decision maker and the adviser are never the same person.
Serving Bristol and the South West.
Investigators take instructions across Bristol, Bath, Gloucester, Cheltenham, Swindon, Taunton and Exeter, and attend your premises for interviews where an in person format is better. Remote interviews are used for witnesses on other sites or who have already left the organisation.
Employment claims arising in this region are heard at the Bristol Employment Tribunal, and reports are written with that in mind. A report that records the terms of reference, the evidence considered and the reasoning behind each finding is far more useful to a respondent than a narrative summary.
Investigations we are instructed on.
- Bullying, harassment and abusive management allegations.
- Sexual harassment complaints, including historic and multi-complainant matters.
- Discrimination and victimisation complaints under the Equality Act 2010.
- Whistleblowing and protected disclosure concerns.
- Gross misconduct allegations including dishonesty, expenses and data misuse.
- Grievances against directors, trustees, partners, clinicians and chief executives.
- Collective grievances and complaints raised through a trade union.
- Cultural reviews where a pattern of complaints has emerged in one department.
Acas, the Equality Act and tribunal risk.
The Acas Code of Practice 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, which is uncapped.
Where the complaint alleges harassment or discrimination, the employer's own response forms part of the claim. Section 109 of the Equality Act 2010 makes an employer liable for the acts of its employees unless it took all reasonable steps to prevent them, and the quality of the investigation is central evidence on that defence.
A well run investigation also has value long before any hearing. It gives the board an accurate account of what happened, allows a realistic settlement view to be taken early, and stops the organisation defending a position that the evidence will 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 disciplinary, grievance and appeal hearings.
- Workplace and employment mediators where the 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.
- Grievance investigation services
External investigators for formal grievances.
- Bullying and harassment investigations
Investigators for harassment complaints.
- Independent hearing chairs
External chairs for disciplinary, grievance and appeal hearings.
- Workplace mediation Bristol
Repairing working relationships without a formal process.
- Employment barristers
Tribunal advocacy, advice and appeals.
Need an independent investigator in Bristol?
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.
Do investigators attend in person in Bristol?
Yes. Interviews are held at your premises, at a neutral venue in Bristol, or remotely by video where witnesses are spread across sites. Most investigations use a mix of both.
Why use an external investigator rather than a manager?
Because impartiality has to be visible as well as real. Where the allegation is against a senior leader, or the obvious internal investigator is a witness or reports to one of the parties, an internal investigation will be attacked on that basis whatever it finds.
Does the investigator decide the outcome?
No. The investigator makes findings of fact against written terms of reference. The decision, any sanction and any remedy remain with the employer.
How long does an investigation take?
A focused matter with three or four witnesses usually completes within two to four weeks of instruction. Multi-complainant or historic investigations take longer and are timetabled at the outset.
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.
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.