Updated
23rd January 2024

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We have launched new independent investigation and mediation services for employers experiencing claims against them or allegations within the business, following an increased demand for this specialist expertise.

Workplace investigations

Workplace investigations can be required for a variety of reasons including whistleblowing allegations, grievances, allegations of misconduct, or poor working relationships. Time-consuming and highly sensitive, investigations can take significant resource from senior team members and if conducted poorly, can lead to reputational damage as well as tribunal claims.

Matt McDonald, employment partner, said: “Independent investigations, by trained lawyers, give businesses the best chance of a positive outcome. In addition to formal investigations, we can also conduct legally privileged reviews that cannot be referenced in subsequent litigation, which can be very helpful where there are concerns as to the potential findings of the review and the negative impact those findings could have on any ongoing or subsequent litigation.”

Our head of employment, David Browne, added “we are particularly well equipped to deal with complex and sensitive issues, for example we are shortly to receive accreditation for investigating sexual misconduct and malpractice allegations, where a trauma-informed approach may be necessary.”

Independent workplace mediation

We have also launched an independent workplace mediation service, which can be adopted to nip issues in the bud and mitigate risk for organisations, as well as trying to resolve those matters that have led to a significant dispute and/or litigation. Led by accredited workplace mediators, the service can help repair relationship breakdown and resolve disputes between people of all levels across an organisation, before it becomes business critical.

Qualified mediator and employment law expert Esther Maxwell, said: “Disagreements can happen between anyone in the business; from individuals and conflict within teams, to disputes between managers and employees or between business partners. Independent mediation provides a neutrality to potentially volatile situations, and works to find a win-win outcome and prevent the issue escalating further.

“We are seeing an increase in demand for both mediation and investigations as more businesses seek to minimise disruption and reduce potential risk, particularly at a time when skill shortages are an issue and cost of doing business is at an all-time high. Grievances are common, and can happen in businesses of all shapes and sizes, what’s important is that they are dealt with sensitively, respectfully and professionally, without letting emotions or personal biases cloud judgement; this is where independent advice is absolutely critical.”

How we can help

If you need advice with dealing with a claim or allegation within your business, whether that’s with investigative work or guidance and support through the mediation process, then our team of dedicated experts can help –  contact David Brown, Esther Maxwell or Matt McDonald today.

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About the Authors

David Browne

Partner & Head of Employment Law

David regularly provides clients with strategic advice on issues such as major restructures; TUPE; and trade union relations. David also undertakes a significant amount of contentious work for both education and non-education clients, including representation at employment tribunals, the EAT and the Court of Appeal. David is an accredited workplace investigator and is often instructed to undertake investigations into highly sensitive and often high profile issues. David is recognised in Legal 500 as being "superb" and being "solutions focussed, instilling confidence to clients through the pragmatic advice and guidance he gives".
Esther appreciates the rapidly changing landscape affecting the education sector and uses her experience to support institutions in getting the best outcomes for their stakeholders. Esther also has considerable experience working in the schools sector with both state funded and independent school clients. She has recently completed her tenure as a panel member for the Teaching Regulation Agency hearing teacher disciplinary cases on behalf of the Secretary of State for Education. She also has many years' experience advising employer clients in various sectors from media, to retail to healthcare.
Matt has over 11 years’ experience of supporting companies with their employment matters, ranging from FTSE 100-listed corporates to smaller, owner-managed businesses and everything in between. Matt has a reputation for giving pragmatic and commercially-focussed advice, and is noted for his ability quickly to get to the heart of complex issues. Matt was recently ranked as a key lawyer in the Legal 500 directory. Matt has particular expertise in employee-related high court litigation, including advising clients on the enforcement of restrictive covenants. He also specialises in national minimum wage issues and disputes.