Investigations

Our workplace investigations can range from allegations of bullying, sexual harassment, discrimination, financial misconduct, race discrimination, breach of contractual and fiduciary duties, or any wider workplace issues such as whistle-blowing and regulatory non-compliance. We have advised and provided investigation services for companies and charities on all these areas. We have also produced reports for a number of fellow law firms and barristers’ chambers on their diversity practices including pay disparities between men and women. We believe we are seen as truly independent and will only ever act if genuinely conflict-free. 

We also assist “victims” in managing any internal investigations and how best to respond to those. We also advise people who are facing allegations which have been brought to the attention of the regulatory authorities and represent those clients at any hearings convened by regulators.

Our significant forensic ability and experience in financial and legal institutions makes us the perfect choice for managing the process of investigations.

The team here is led by Suzanne McKie KC who has advised on a wide range of matters governed by the FCA, SRA, BSB, GMC, and other regulatory bodies, and has represented many clients taking part in the regulatory proceedings of those organisations.

Rachel O’Connell, a Partner here, has conducted several internal investigations including ones involving serious allegations of sexual misconduct and issues of whistleblowing. 

Whatever you need investigating in an employment context, we can help. 

Some common questions we are asked about investigations. 

What is an independent workplace investigation?

Investigations typically come from written or verbal complaints from within the workplace about someone else’s conduct, unacceptable behaviour, unlawful discrimination or a wider cultural issue. 

An investigation is an independent, objective process which should be undertaken  by an external provider, such as Farore Law, whose role is solely to investigate and not to advise the employer or employee/partner on legal matters. The investigation process will involve a fact gathering exercise which is fair and objective and which results in a conclusion as to what did or did not happen with recommendations as to the way forward

Why should I instruct Farore Law to do our investigation?

Our service is first class, and we are great believers in plain language. We won’t baffle you with legal jargon and we will produce a report with clear and concise findings.

The Partners here have over 50 years of experience between them of employment related litigation and so we know how the system works. In particular we know what the Tribunals and Courts expect of a good employer, and we know what it takes to produce a professional, thorough and exemplary investigation. 

With a proper, through and well considered investigation, you can place yourselves in the best possible position to respond to any subsequent litigation or concerns from your regulator. 

Pressing the start button on an investigation by Farore Law, however daunting that may feel, may very well be the best decision you can make. 

At what point do you think the issue we are facing is serious enough to warrant an independent investigation?

If you are at the point when you are thinking about asking for an independent investigation, you probably need one. If the issue is sufficiently serious, you will want to give a clear message to your staff and the wider market, that you take these matters seriously and you are committed to providing a safe and professional environment for your workforce. This can include situations when the allegations of misconduct involve a very senior member of the organisation (e.g. director, partner, shareholder) and you may need it investigated by an independent body who cannot be said to be influenced by that person as to the outcome. If the matter involves the wider culture within your organisation, you will want a third party, who is not part and parcel of the culture, to come in with independent, fresh eyes, to investigate objectively. 

What does an investigation entail?

We start with a meeting with our client to find out more about what it is you want investigating. We will then draw up and agree with you the Terms of Reference (TOR) which will set out precisely what you want to be investigated and sets out a road map of what the investigation will entail. Once these TOR are agreed, we can proceed with the investigation which will (in most cases) include interviews with people within your organisation. Once we have completed the investigation, we will produce a report which can, depending on the TOR, set out our recommendations as to the way forward. 

Will you be truly independent?

Yes, and this is important for you – an investigation has to be genuinely independent if you want to (i) show that you take these issues seriously and (ii) are committed to addressing them in a fair and transparent way. 

We pride ourselves on our reputation for being properly independent and we would only act for you if we were completely satisfied we could be. 

Will your investigation be covered by legal privilege?

No. As it is independent it will not be covered by legal privilege as we are not providing you with legal advice as our client. We also assume, for these purposes, that the investigation is not being conducted for the purposes of assisting with litigation, in which case different considerations will apply. It is important that you proceed on the assumption that the report, and any other documentation compiled during the investigation, will need to be disclosed in any subsequent legal proceedings. 

How long do you think it will take you to conclude the investigation?

This very much depends on the specific situation, but we understand that any investigation needs to be pursued in a timely fashion, and we will work with you towards an agreed timetable. 

One advantage of using Farore Law is that we combine the forensic abilities of counsel, advocates and other highly experienced people, making us a team of barristers and solicitors. We will not, therefore, have to delay the report, as many sole practitioner solicitors and barristers  may have to  when they are unavailable due to court hearings or other professional commitments. 

How much will it cost me?

In many cases we are able to offer you a fixed free for an investigation at the start once we are fully appraised of what the investigation will involve. 

Will you need to come to our offices to undertake the investigation?

No, not necessarily. We can conduct all meetings at your offices, or remotely via video link. 

Can it be done discreetly?

Yes. We will handle the investigation discreetly and sensitively. We are committed to fairness and understand the importance of managing the process with a full understanding of the various workplace sensitivities. As one of our key specialisms is discrimination, we are particularly well-placed to understand the importance of managing equality and diversity, transparency and appropriate language. We recognise that investigations can involve  issues which may be difficult for witnesses to discuss, and we will treat everyone involved with respect and kindness. We know that investigations can lead to “office gossip” but we will impress upon everyone involved the need to treat all matters in confidence. 

What if we don’t want to follow your final recommendations?

We don’t tell you what you need to do. We offer recommendations.  Because we do a thorough and fair investigation with detailed reasoning in our reports, we find that all of our clients follow our recommendations. However, if you don’t want to follow our recommendations, you don’t need to.

If you have an issue that requires investigation please contact Rachel O’Connell directly by email: oconnell@farorelaw.co.uk; or ask for her personally by calling 0207 043 1658 or Suzanne McKie KC via email sm@farorelaw.co.uk or 0207 043 1658