Serious allegations made against a person at work can not only be career threatening, but also hugely damaging from an emotional wellbeing perspective, provoking feelings of shame, anxiety, confusion, anger, depression, isolation and mistrust. These feelings can result in extreme psychological trauma, which the employer has a duty of care to its employees to actively mitigate against.
However, depending on the seriousness of the allegation being investigated, and the impact by association that it could have on an organisation’s brand and culture, the importance of getting to the truth can sometimes become the employer’s primary focus, blurred by the transactional execution of an investigation process and the various policies and procedures that must be followed.
The problem arises when this blind pursuit of truth overtakes an awareness of the needs and wellbeing of everyone involved in the investigation – not just those making allegations, and against whom allegations have been made, but also those involved as witnesses. The initial issue raised can then become compounded by additional challenges impacting the organisation in a number of detrimental ways, creating lasting damage to an employer’s most valuable asset – its employees.
But the good news is that this can be avoided by adopting a ‘people-centric’ approach that places employee wellbeing at the heart of the investigation, whilst ensuring that the investigation is delivered thoroughly and effectively.
From the beginning of an investigation, employees should be given as much transparency and understanding as possible regarding the process, their role in it, and timescales, because we know that predictability and control are significant factors in reducing the amount of stress that people experience.
Confidentiality is extremely important, but a balance must be struck between maintaining the confidential nature of the process and providing transparency and openness where possible and appropriate. The potential for harm and distress is significantly mitigated by putting in place and sharing with key parties a clear plan and timeframe for the investigation, and updating them regularly, so that they know what is likely to be happening, when, why, and where they are in the process at any given time.
Adopting a people-centric, compassionate approach means listening deeply and empathetically, explaining, and supporting people to feel valued, respected, cared for and psychologically safe throughout the process.
Investigators should never assume that they have a natural ability to adopt a people-centric approach to their work. It is essential that they take part in regular training focused on key investigation skills including creating an ethical climate of fairness, recognising and removing bias and remaining impartial, alongside soft skills including listening and communicating effectively.
In addition, by educating ourselves about the nature of psychological trauma and adopting ‘trauma-informed’ approaches, investigators are better equipped to understand and protect people who have either suffered traumatic experiences that are now the subject of an investigation (particularly common in cases of harassment and bullying), or who might experience trauma as a result of participating in an investigation.
Unless a people-centric approach is established right from the start, the investigation could potentially contribute as much harm and emotional distress as the events that triggered the investigation. For example, a poor investigation will be hindered by unclear lines of accountability, inadequate communication, a lack of certainty and transparency around timescales and progress, and insensitively and poorly conducted interviews that pay little or no regard to the mental health and wellbeing of those involved.
The resulting cost is not only to the psychological safety of the people involved, but also to the culture and reputation of the wider organisation.
Whilst the investigation is just one part of a much lengthier process, the evidence presented in the independent report is often used to assist the employer in making a decision about next steps, which, in some cases, could negatively impact a person’s career and possibly their future employment prospects. It is essential therefore that every participant in the investigation process feels that they have been listened to and treated fairly throughout, with compassion and empathy.
At ibex gale, we are dedicated to educating our investigators about trauma-informed approaches to our work so that we can adapt the way we do things to better care for and protect individuals we are interacting with. As well as the professional expertise of our investigations team, we provide regular and robust training far in excess of regulatory compliance and industry mandates.
Given the essential role of workplace investigations in upholding behavioural and safety standards, and preventing harm to others, investigations are sometimes unavoidable, and we recognise that the process can be a difficult and unpleasant experience for those involved. However, where an organisation and their appointed investigator adopts a people-centric approach throughout the investigation, placing the welfare of individuals and teams at the heart of the process, together we can make, in the words of *Feryad A Hussain, Consultant Clinical Psychologist, “a painful process as painless as possible”.
Footnote: It goes without saying that an organisation should only conduct formal investigations where it’s absolutely necessary to do so. Too often, employers choose to go down the route of a formal investigation without considering less formal alternatives such as mediation, facilitated conversations and coaching. Some cases of alleged misconduct or wrongdoing can be fully resolved without the need for a formal investigation.
However, an investigation is sometimes necessary, and in certain circumstances, required by law. For example, where potentially serious allegations such as bullying or unlawful harassment and discrimination have come to light, an investigation will provide the employer with a full understanding of the facts, before any decisive action is taken.
If you’d like to find out how we could support your organisation in a workplace investigation, please get in touch at contactus@ibexgale.com or on 0117 251 0566.
Author: David Major, Founder & Director
Source: *Feryad A Hussain, Consultant Clinical Psychologist: Kafka Lives: Consideration of Psychological Wellbeing on Staff under Investigation Procedures in the NHS [May-June 2022]
