Employment investigations can involve complex legal considerations and risks to employers. Often employers fail to understand, or neglect to implement sound approaches to managing employment investigations.

Poorly handled employment investigations frequently lead to successful personal grievances, findings of unjustified dismissal or disadvantage, and significant financial remedies ordered against employers.

This article outlines the key legal obligations under the Employment Relations Act 2000 (‘the Act’) and case law examples, explains how internal and external investigations should be approached, highlights common mistakes, and provides practical guidance to help employers manage corresponding risk.

Employer Pro has a comprehensive Employer Toolkit available for managing ‘Investigations, Suspensions and Disciplinaries’, including step-by-step guidelines, practical walk-throughs, legal commentary, various employer-focused template letters to implement the correct process, including managing employment investigations.