Specialist & Complex Investigations
Specialist and complex investigations delivered by our world class professionals
TCM’s investigators are ready to tackle the most complex workplace issues, spanning misconduct, bullying, harassment, discrimination and much more.
Our support
Most workplace issues that trigger an investigation are related to grievances or general misconduct. However, we are also experts in responding to the most complex/ serious allegations. Our customers trust us to support them with a full range of cases, including:
- Fraud, bribery & corruption
- Regulatory/ ombudsman complaints
- Compliance, ethics and professional standards issues
- Bullying & harassment
- All forms of discrimination
- Multiple/ complex allegations
Such cases often pose much higher levels of risk to your organisation, especially if involving more senior staff members. As such they require a longer and more in-depth process. We’ve too often seen the devastating consequences that can arise when a poorly trained or inexperienced internal investigator has been handed the responsibility of conducting such a case.
We believe that specialist, complex, and more sensitive cases are always best left to the experts. Here at The TCM Group, our experienced investigators are drawn from varied professional backgrounds to help your organisation to handle these cases in a fair, thorough, rigorous and timely manner.
Lyn Elliott Head of HR at Cygnet Health Care“I am very happy with the service provided by TCM. Often in Operations we are so busy ensuring that our Service Users are well cared for, it is difficult for us to assign Managers to investigations. TCM do a fantastic job supporting us with investigations and by using TCM, we ensure investigations are impartial and outcomes are fair. The turnaround on investigations is really quick, which again is sometimes a struggle for us at Cygnet Health Care. I would thoroughly recommend TCM to support businesses.”
Annabel Beach Head of HR at Oxfam“I can thoroughly recommend the Practical Investigation Skills course as providing very valuable tips and tools and good space for discussion of key issues for investigations.”
Danny Hassell Ethics Manager at LSEAn excellent course, great facilitation with a knowledgeable trainer. Lots of skills and frameworks to use with the opportunity for practising their application.
Kate Britt Independent Visitor - Care/Educ at SENADGreat, practical training giving techniques that I can apply straight away and I’m sure will improve my practice
Kirsten Nutman Clinical Specialist Physiotherapist at NELFT“Panel Training was an excellent session made interesting and stimulating by the very knowledgeable trainer.”
Penny Biles People Services Manager at NELFT“The Panel Training was a great course – very informative and gives a great overview on supporting senior managers in undertaking hearing panels.”
Ammarah Hussain Consultant at NELFT“The Panel Training was excellent! Really informative with lots of information and space to discuss and ask questions.”
Lucy Musk HR Partner at Glyndebourne“I thought the Practical Investigation Skills training with TCM was really good. The training had great content but with practical elements that you can take back to your workplace to improve investigations. I would definitely recommend TCM for training.”
Phil Kelly HR Manager at Migrant Help“We have used TCM several times now and always find them to be very professional and well experienced to undertake investigations. They do very well in balancing the emotive aspects of conflicts with practical and well guided outcomes.”
Clare Twiss Nursing Home General Manager at One Housing“The training and trainer for Practical Investigation Skills were excellent. I’ll use the knowledge and skills gained to conduct more thorough investigations and produce reports that can stand up to external scrutiny.”
Shola Giwa-Ipigbhe Senior Investigator at One Housing“The Practical Investigation Skills course was well delivered and very informative about the investigation process. The training methods used were very helpful in providing knowledge and insight into the course and the trainer was engaging throughout.”
“The Core Investigation Skills course covered a complex topic in a clear and detailed way. I felt supported because it was a great environment for learning.”
Penny Prosser Investigation, Hearing & Appeals Officer at Samaritans“We had an excellent trainer on our Core Investigation Skills course. They paced the training well and gave everyone the opportunity to ask questions and discuss.”
John Wiltshire Investigator at Samaritans“An excellent and thought provoking course on Core Investigation Skills that I can highly recommend.”
Pam Nicholl Investigator at Samaritans“For anyone new to investigations or needing a refresher, Core Investigation Skills is a useful and practical course.”
Robert Langdon Appeals Assessor at Samaritans“The Core Investigation Skills course was directly focused on our needs and hence gave us appropriate guidance to enable us to carry out tasks.”
Camilla Maple Investigations Officer at Dimensions“The trainer showed outstanding knowledge on the subject and really engaged me on the course. I felt I could come forward with any thoughts or feedback at any point. The course had great content in the areas of investigations and report writing.”
HR Director Aitch Group“TCM provided an excellent and highly professional external investigation service for us. The team was always available when we needed anything, and the investigator was incredibly efficient, thorough and personable. All in all – it was perfect!”
Corporate People Manager The Children’s Society“I would also like to mention that I have had lots of superb feedback about your investigation – most people that were interviewed were very impressed by the investigator’s professionalism and the quick turnaround of their statements. My boss – the interim HR Director – said to me yesterday, “I do not know where you found TCM but they are good.”
HR Manager Nationwide Charity“TCM conducted a very complex racism investigation, you were superb, it was money well spent. We would spend the money and use your company again if we were to face the same situation.”
Lyn Elliott Head of HR at Cygnet Health Care“I am very happy with the service provided by TCM. Often in Operations we are so busy ensuring that our Service Users are well cared for, it is difficult for us to assign Managers to investigations. TCM do a fantastic job supporting us with investigations and by using TCM, we ensure investigations are impartial and outcomes are fair. The turnaround on investigations is really quick, which again is sometimes a struggle for us at Cygnet Health Care. I would thoroughly recommend TCM to support businesses.”
Annabel Beach Head of HR at Oxfam“I can thoroughly recommend the Practical Investigation Skills course as providing very valuable tips and tools and good space for discussion of key issues for investigations.”
Danny Hassell Ethics Manager at LSEAn excellent course, great facilitation with a knowledgeable trainer. Lots of skills and frameworks to use with the opportunity for practising their application.
Kate Britt Independent Visitor - Care/Educ at SENADGreat, practical training giving techniques that I can apply straight away and I’m sure will improve my practice
Kirsten Nutman Clinical Specialist Physiotherapist at NELFT“Panel Training was an excellent session made interesting and stimulating by the very knowledgeable trainer.”
Penny Biles People Services Manager at NELFT“The Panel Training was a great course – very informative and gives a great overview on supporting senior managers in undertaking hearing panels.”
Ammarah Hussain Consultant at NELFT“The Panel Training was excellent! Really informative with lots of information and space to discuss and ask questions.”
Lucy Musk HR Partner at Glyndebourne“I thought the Practical Investigation Skills training with TCM was really good. The training had great content but with practical elements that you can take back to your workplace to improve investigations. I would definitely recommend TCM for training.”
Phil Kelly HR Manager at Migrant Help“We have used TCM several times now and always find them to be very professional and well experienced to undertake investigations. They do very well in balancing the emotive aspects of conflicts with practical and well guided outcomes.”
Clare Twiss Nursing Home General Manager at One Housing“The training and trainer for Practical Investigation Skills were excellent. I’ll use the knowledge and skills gained to conduct more thorough investigations and produce reports that can stand up to external scrutiny.”
Shola Giwa-Ipigbhe Senior Investigator at One Housing“The Practical Investigation Skills course was well delivered and very informative about the investigation process. The training methods used were very helpful in providing knowledge and insight into the course and the trainer was engaging throughout.”
“The Core Investigation Skills course covered a complex topic in a clear and detailed way. I felt supported because it was a great environment for learning.”
Penny Prosser Investigation, Hearing & Appeals Officer at Samaritans“We had an excellent trainer on our Core Investigation Skills course. They paced the training well and gave everyone the opportunity to ask questions and discuss.”
John Wiltshire Investigator at Samaritans“An excellent and thought provoking course on Core Investigation Skills that I can highly recommend.”
Pam Nicholl Investigator at Samaritans“For anyone new to investigations or needing a refresher, Core Investigation Skills is a useful and practical course.”
Robert Langdon Appeals Assessor at Samaritans“The Core Investigation Skills course was directly focused on our needs and hence gave us appropriate guidance to enable us to carry out tasks.”
Camilla Maple Investigations Officer at Dimensions“The trainer showed outstanding knowledge on the subject and really engaged me on the course. I felt I could come forward with any thoughts or feedback at any point. The course had great content in the areas of investigations and report writing.”
HR Director Aitch Group“TCM provided an excellent and highly professional external investigation service for us. The team was always available when we needed anything, and the investigator was incredibly efficient, thorough and personable. All in all – it was perfect!”
Corporate People Manager The Children’s Society“I would also like to mention that I have had lots of superb feedback about your investigation – most people that were interviewed were very impressed by the investigator’s professionalism and the quick turnaround of their statements. My boss – the interim HR Director – said to me yesterday, “I do not know where you found TCM but they are good.”
HR Manager Nationwide Charity“TCM conducted a very complex racism investigation, you were superb, it was money well spent. We would spend the money and use your company again if we were to face the same situation.”
Lyn Elliott Head of HR at Cygnet Health Care“I am very happy with the service provided by TCM. Often in Operations we are so busy ensuring that our Service Users are well cared for, it is difficult for us to assign Managers to investigations. TCM do a fantastic job supporting us with investigations and by using TCM, we ensure investigations are impartial and outcomes are fair. The turnaround on investigations is really quick, which again is sometimes a struggle for us at Cygnet Health Care. I would thoroughly recommend TCM to support businesses.”
Download a copy of our Investigation Services Brochure
What happens during a specialist or complex case investigation?
Each investigation is different and is tailored to the specific needs and circumstances in each case. However, our unique “TRIAGE Approach” sets out a basic framework for the investigation:
The most important aspect of an investigation is to understand what is to be investigated. This is why the terms of reference for the investigation are paramount.
- Our investigator will review the complaint clearly and identify what is being alleged.
- We will then agree with your commissioning manager on what is to be investigated and within the scope of your remit.
- For such complex cases, our investigator will identify common themes, to provide succinct areas for investigation.
Our investigator will next review all the necessary documentation. This includes the initial complaint or allegation, and all relevant organisational policies and/or procedures.
- We will make a list of all the individuals who are to be interviewed as part of the investigation process.
- Our investigator will then outline realistic, achievable timescales in light of the complexity of the case.
- Before commencing interviews, we will ensure that we have available, and have read, any and all policy documentation which is relevant to the case.
A good proportion of evidence that the investigator will analyse will be drawn from witness interviews, so excellent interviewing techniques are essential. Our person-centred approach focuses on creating an open and safe environment that enables witnesses to feel comfortable sharing as much information as possible.
- We interview the complainant(s) first, followed by any witnesses they put forward, followed by the respondent(s), then witnesses they put forward, and subsequently any final parties.
- A typical interview will begin with open questions to allow each party to give an open account of what has happened, before using closed questions to address key details.
Analysing the documentary evidence at hand prior to undertaking any further interviews, or evidence gathering enables the investigator to establish any potential flaws in the early stages of the investigation.
- We will draft a list of additional evidence that you require based on the initial information gathered. This may include digital evidence such as emails and CCTV footage.
- At this stage, we may also explore alternative solutions. Although rare for more complex issues, it may be evident that, for example, mediation may be a more suitable resolution approach.
Gathering evidence in a timely manner is important, particularly if such evidence is time-critical. Some organisations only store CCTV images, for example, for a set time period and so it is important that we identify and gather evidence swiftly.
- Our interviews are used to identify any additional evidence that may be important to the process.
- We will then request additional pieces of evidence as soon as possible, to prevent unnecessary delays.
In all workplace investigations, the investigator will collate all the information and evaluate their findings based upon the “Balance of Probabilities”. The commentary of our rational and findings will be clearly constructed within an investigation report in a way that a layperson could read.
- We always include an initial ‘Executive Summary’ at the beginning of the report, that outlines the key findings in a clear and concise manner.
- Another expert investigator will proofread the Investigation Report prior to its final submission.
- Our team will be on hand to answer any questions you have in relation to the report after it has been submitted.
The FAIR Investigation Model™
Advocating a compassionate, empathetic and non-confrontational approach
TCM’s FAIR Investigation Model™ advocates a compassionate, empathetic and non-confrontational approach for interviewing and investigating. That’s not to say the process isn’t rigorous, challenging and highly effective. However, experience has taught us that parties who feel threatened in an interview release high levels of adrenaline and cortisol which means that they can become defensive, creating hostility or withdrawal.
Using the power of Positive Psychology during our interviews, we enable the parties to feel safer and more secure which has significant benefits for them, for the interviewer and for the investigation process as a whole:
- The investigation is less stressful, damaging and corrosive for the parties.
- Creating less stress, fear and anxiety means that we protect relationships between colleagues and managers.
- We may be able to interview less people to identify the truth which means that working relationships stay intact.
Online Investigation Services
The same high quality process, delivered remotely.
There are few industries that have remained untouched by digitalisation, and the field of workplace investigations offers no exception. The global coronavirus pandemic first forced us to migrate our services to the virtual space, but the offering remains a popular choice amongst our customers.
Sometimes, it simply isn’t possible to get all of the parties involved in an investigation into one location at a convenient time. Many businesses now have employees dispersed across continents; with managers leading team members who might have never met at all.
In other, more ‘traditional’ working environments, a customer may choose to have their investigation conducted in the virtual space. The process can help to put people at ease, speed up the process, and achieve exactly the same results as a face-to-face interview.
The key benefits of using our online investigation services include:
- A speedier and less disruptive process. It is often possible to arrange interviews more quickly online than it would be face-to-face, allowing for minimal disruption to parties’ daily roles.
- It can be more cost-effective. There is no need for travel/ venue/ accommodation expenses.
- The environment may be more comfortable for parties who are feeling vulnerable or stressed.
- The process allows for a global reach. Individuals, based anywhere in the world can be interviewed and participate in an investigation.
Frequently Asked Questions
The risks of getting a workplace investigation wrong are significant. In an appeal or at Employment Tribunal, the applicant may use procedural failings to undermine the actions taken by the employer. Even though the employer may have been acting in good faith, the failure to investigate properly and reasonably is the Achilles heel which can result in an expensive settlement, or a case loss.
The Employment Tribunals apply a test called ‘The Burchell Test’ to assess if an employer has been dismissed fairly following a reasonable investigation. Open any newspaper on any day to read about the reputational harm and financial cost of getting a workplace investigation wrong.
The most common reasons that we encounter, for getting an investigation wrong include:
- Using poorly trained internal investigators (or worse – untrained), who have a million and one other things to do.
- A lack of effective planning and unclear terms of reference.
- Investigations taking too long to complete.
- Poorly managed suspensions and communications with the parties.
- Poorly written reports with opaque or ambiguous findings.
- In smaller organizations with one HR person or an external HR consultant, we often hear stories of HR acting as the investigator, the adviser to the employer, and the final determinations panel. I.e., HR becomes the judge, the jury and the executioner. The conflicts of interest are fairly obvious.
We have developed a set of standards for our workplace investigators, which form the basis of all of our professional investigation services and investigation training courses. These investigation quality standards ensure that workplace investigations undertaken by TCM are fair, thorough and robust.
All TCM investigators undergo a rigorous recruitment process prior to joining us and receive continual supervision from our Head of Investigation Services to ensure that their work meets these standards. Across all of their work, TCM investigators always:
- Prepare fully and clarify the context and scope of the investigation at the outset. This includes developing clear terms of reference at the commencement of the investigation.
- Understand the legal, moral and organisational policy/procedural, frameworks relating to dignity at work, grievance, bullying, harassment and disciplinary investigations.
- Ensure that they suspend judgment and remain impartial, neutral, objective and free from bias or conflict of interest.
- Maintain effective levels of communication throughout the investigation process.
- Apply rigour in their analysis of evidence and are careful in making findings supported by the facts and relevant evidence.
- Recognise the importance of seeking out mitigating or corroborating factors.
- Compile a clear, well-structured final report which will withstand internal and external scrutiny.
- Are aware of relevant tests (e.g. “Burchell”) and remain up to date with case law and precedents.
- Understand what happens after an investigation is complete and the role of the investigator at determination hearings, appeals and Employment Tribunals.
- Provide all relevant information gathered during the investigation as appendices to the final report.
In addition, in some cases, TCM investigators may identify opportunities for mediation or restorative justice to help the parties to resolve an issue without the need for formal action. In these cases, you will be notified immediately, and we will seek clarification from you before any action is taken.
We can usually commence an investigation within 5-10 working days of referral.
We have a national network of TCM investigators who work across the UK. We also conduct investigations overseas and have access to investigators who speak most European languages.
The notes are typed up by the investigator and sent to the interviewee for sign off. The signed off and handwritten notes are included in the appendix of the final report.
If the case goes to a disciplinary panel then it is generally appropriate for the subject to have sight of the final report and relevant appendices including witness statements. These can be redacted to protect relationships if required.
We will notify you immediately. This may result in us needing to modify the terms of reference or even stopping the investigation which we would not do without your approval.
Investigation Services Enquiry
One of our team will be in touch to discuss your requirements with you.