WORKPLACE INVESTIGATION – ‘THE GOLDEN HOUR’ PRINCIPLES
With its roots in the medical profession, the basic ‘Golden Hour’ rule that major trauma in a patient demands prompt treatment to avoid later complications and prevent further trauma, so the principle is applied in investigation to secure the clear benefits and far-reaching advantages of a speedy and effective response to a reported incident.
The eventual quality and reliability of an investigative outcome is often predicated on the actions undertaken in the immediate aftermath of a report being made, what might be considered the primary investigation.
“…workplace investigation ranges from reports of minor infringements of discipline codes and policies through to serious misconduct that might amount to criminality, and include health and safety incidents…”
In (civil) workplace investigations particularly, complaints can sometimes be resolved effectively and efficiently by prompt and thorough initial actions and investigation with all the attendant benefits for people and organisations. Such prompt early action might on occasion indicate simple resolution such as management advice or mediation with the attendant benefits for all involved.
Notwithstanding workplace investigation ranges from reports of minor infringements of discipline codes and policies through to serious misconduct that might amount to criminality, and include health and safety incidents, there are essentially 5 ‘building blocks’, themes, to be considered when a report is made,
Risk assessment – people, places, and ‘things’
Scene preservation
Securing evidence
Identifying persons reporting
Identifying persons reported
As the person with responsibility for considering those ‘themes’ immediately following a report, you will want to consider potential actions. Not all will be appropriate or relevant, particularly in ‘civil’ workplace investigation where time lapse between incident and report can be so variable but they might need to be considered if only to be excluded. There is no ‘tick-box’ process map to follow, every case is different, even more compelling why investigation skills are so important perhaps?
Ironically, because of the peculiarities of such investigations, it might be considered that a skilled and experienced investigation mindset is even more crucial when rationale for decision-making is so important.
When considering those initial ‘golden hour’ actions following a report, the initial assessments of it/them should be conducted using the well documented ABC (and D) principles of investigation and mindset, sensitively, with an open-mind, empathy, and compassion.
Those ‘golden hour’ actions might include any, all, or none of the following considerations in no particular order of priority and not exhaustive,
Identify, visit, and preserve the scene, (if relevant)
Initial assessment, record a situation report (5WH). Remember to use all your senses
Secure, seize, preserve, evidence. Consider the nature of reported incident and relevancy of ‘exhibits’
Identify those reporting, reported, and witnesses
Risk assessment(s). Those reporting, reported, witnesses, and you/colleagues
Sketch plans, photographs, CCTV preservation
Secure, seize, preserve documents, computer(s), data
Secure, seize, preserve incident reports, access data
Mobile phone footage and/or screenshots
Secure and record any initial accounts (5WH) but resist ‘probing’
Support and welfare considerations for all and link to risk assessments
Seek and record any, and all, investigatively relevant information
Document your actions and rationale for doing/not doing what you did
Case management systems such as that provided by Symplicity and which we use at Intersol are an invaluable tool for logging actions and decision-making, and for storing certain digital material.
“Workplace investigation where lives, livelihoods, careers, and reputations are the stakes is no place for the enthusiastic amateur”
Employment Lawyer
In conclusion, the actions undertaken in the immediate aftermath of a reported incident amount to a primary investigation and are a crucial cornerstone of any secondary investigation that follows. They will be scrutinised by any court, tribunal, or panel hearing. Rationalise and record your decision-making. It’s often more important to record why you didn’t do something more than why you did do something.
You will see why investigation skills training and qualification is so important.
At Intersol Global we train and qualify you to conduct low-risk volume workplace investigation better and support you with impartial specialist expertise on those more complex and risky secondary investigations.
“Workplace investigation where lives, livelihoods, careers, and reputations are the stakes is no place for the enthusiastic amateur” (employment lawyer).
Intersol Global are your ‘safe pair of hands’ to take you on the investigation journey.
Contact us at info@intersolglobal.com or call +44 (0)1925 982680
