A question that often comes up during workplace investigations is, what information should be shared with respondents during the investigation process?

When a workplace investigation is underway, it’s important to keep key stakeholders involved informed and updated on the progress of the investigation. This includes the respondent or accused. This can be a delicate balance, as we strive to ensure transparency while also respecting the rights and privacy of all parties involved. To ensure an equitable and transparent investigation, respondents should know the who, what, when, where and why behind a workplace investigation.

It is equally important to be mindful of the information that should not be shared with respondents. As workplace investigators, we are bound by confidentiality and must protect the privacy of all parties involved. This means avoiding sharing details of other witnesses, complainants, or any sensitive information that could compromise the integrity of the investigation. It is essential to strike a balance between transparency and confidentiality to ensure a fair and impartial investigation. Below are some key considerations for workplace investigators when it comes to sharing information with respondents.

First, it’s important to give respondents notice that an investigation is taking place. This should be done as soon as possible. The respondent should be made aware of:

• What the allegations are

• Who the source of the allegations is

• When and where the alleged incident(s) occurred, including the date, time, and location

• Why they are being investigated, including the company policies that may have been violated

Next, it’s important to explain the investigation process to the respondent. This includes:

• Who will be conducting the investigation

• What the investigation process will involve

• How long the investigation is expected to take

The respondent should be informed of their rights during the investigation process, including the right to have a representative present during interviews or meetings.

Throughout the investigation, it is important to keep the respondent informed of any updates or developments. This can include providing regular updates on the progress of the investigation, as well as any changes to the timeline or process. If new information comes to light during the investigation, the respondent should be informed of this as soon as possible. Remember, this is a high-stress high-anxiety situation for all involved, and keeping the respondent informed will go a long way toward reducing the uncertainty and ambiguity and alleviating some of those feelings.

It's also important to give the respondent an opportunity to respond to the allegations. This can be done through an interview or a written statement. The respondent should be given enough time to respond, and they should be informed of any deadlines or timelines for submitting their response.

Finally, once the investigation is complete, the respondent should be informed of the findings and any action that will be taken as a result of the investigation. This may include disciplinary action or other corrective action to address the issue at hand. The respondent should also be informed of their rights to appeal or challenge the findings or any action taken.

By taking following these steps, you can help ensure a fair and transparent investigation process for all parties involved.

If you found this blog helpful, do me a favor and share it with your colleagues. For more tips, download my FREE Guide to Equitable, Transparent and Accountable Workplace Investigations.