A Guide to Fair and Impartial Workplace Investigations

February 12, 2025

Workplace investigations are essential for maintaining integrity, trust, and a positive work environment within organisations. In Ireland, conducting these investigations requires adherence to specific legal frameworks and best practices to ensure fairness and compliance.

This blog delves into the key aspects of workplace investigations, offering guidance on initiating and conducting them effectively.

Legal Framework Governing Workplace Investigations in Ireland

In Ireland, employees possess constitutional rights to natural justice and fair procedures.

To provide structured procedures for handling grievances and disciplinary matters, the Code of Practice on Grievance and Disciplinary Procedures was introduced in 2000. This Code sets down guidelines for the compliance of procedures with natural justice and fair procedures, ensuring:

· Fair examination and processing of employee grievances.

· Presentation of detailed allegations or complaints to the concerned employee.

· Provision for the employee to respond fully to such allegations.

· Opportunity for the employee to be represented during the procedure.

· A fair and impartial determination of the issues, considering all representations and relevant evidence.

Further Codes of Practice addressing workplace bullying and harassment were published in 2021 and 2022, respectively. These codes are admissible in evidence before courts, the Workplace Relations Commission (WRC), and the Labour Court.

Initiating a Workplace Investigation

A workplace investigation typically commences when an incident occurs that the organisation deems potentially inappropriate or a breach of its policies. Common triggers include:

· Complaints against an employee regarding performance or conduct.

· Complaints from employees, clients, or third parties concerning an employee.

· Allegations of bullying, harassment, or sexual harassment.

Before initiating an investigation, it's crucial to have a well-defined plan and a clear Terms of Reference outlining the investigation's scope, objectives, and procedures. This ensures that the process remains focused and transparent.

The investigator in a workplace investigation can be either internal or external to the organisation, depending on the circumstances and the complexity of the case.

Internal Investigators

Organisations often appoint internal investigators, particularly for routine or less complex cases. Internal investigators are typically members of HR or senior management trained in conducting investigations.

Advantages of Internal Investigators:

Cost-Effectiveness: Internal investigators do not incur the additional fees associated with external consultants.
Familiarity with the Organisation: They have a deeper understanding of the company’s culture, policies, and procedures, which can aid in the investigation process.
Confidentiality: Keeping the investigation in-house may reduce the risk of sensitive information being shared outside the organisation.

However, there are challenges with Internal Investigators:

Bias and Impartiality: There is a potential for perceived or actual bias, especially if the investigator has prior interactions with the parties involved.
Lack of Expertise: Internal investigators may lack specialised training for complex cases, such as those involving harassment or discrimination.

External Investigators

In more complex, sensitive, or high-stakes cases, organisations often engage external investigators. These are typically legal professionals, HR consultants, or specialised investigators.

Advantages of External Investigators:

Impartiality: External investigators bring objectivity and are free from internal influences.
Expertise: They are usually well-versed in employment law, investigative techniques, and handling sensitive matters.
Credibility: Their involvement may enhance the credibility of the investigation, especially if challenged in court or by regulatory bodies.

As with Internal Investigators, there are some drawbacks to engaging with External Investigators, including:

Cost: Hiring external experts can be more expensive than using internal resources.
Familiarity: They may lack an understanding of the organisation’s culture and internal dynamics.

As a general guide, Internal Investigators are suitable for minor infractions, when there is no risk of bias, and the organisation has trained personnel. Meanwhile, External Investigators are recommended for serious allegations such as bullying, harassment, or discrimination, or when internal bias might be perceived.

Conducting the Investigation

The appointed investigator should conduct the process with integrity, fairness, impartiality, and respect.

Key steps include:

1. Gathering Evidence: Collect all relevant information, including documents, emails, and any physical evidence pertinent to the case.

2. Interviewing Witnesses: Identify and interview individuals who may have information related to the allegations. Ensure that interviews are conducted confidentially and that witnesses are protected from retaliation.

3. Documenting Findings: Maintain detailed records of all interviews and evidence collected. This documentation will be crucial for the investigation report and any subsequent proceedings.

Throughout the process, it's imperative to adhere to the principles of natural justice, ensuring that the accused employee has the opportunity to respond to allegations and that the investigation is conducted without bias.

Role of the Workplace Relations Commission (WRC)

The WRC is the National body tasked with handling employment law-related claims, including unfair dismissal. If an employee believes that an investigation was conducted unfairly or that their rights were violated, they may seek recourse from the WRC. The WRC provides mechanisms for resolving such disputes and ensures that employment laws are upheld.

Common Pitfalls and Risks

Poorly conducted investigations can expose organisations to significant financial, legal, and reputational risks.

Common mistakes include:

· Lack of pre-investigation planning.

· Absence of a clear Terms of Reference.

· Failure to adhere to fair procedures and natural justice principles.

· Inadequate documentation of the investigation process.

To mitigate these risks, businesses should ensure that their investigation procedures are robust, transparent, and in line with legal requirements.

Conclusion

Workplace investigations are a critical component of maintaining a fair and respectful work environment in Ireland. By adhering to established legal frameworks and best practices, organisations can address issues effectively, uphold employees' rights, and foster a culture of trust and integrity.

MSS – The HR People: Your External Experts

Workplace investigations can be complex. At MSS, we have a wealth of experience working with businesses, the WRC and the Labour Court. We provide objectivity and impartiality, ensuring that the investigation is conducted thoroughly and fairly. We also work closely with you, the business owner to navigate the legal intricacies thereby reducing the risk of potential challenges.

To learn more about our employer representation service, visit https://www.mssthehrpeople.ie/employer-representation or contact us today at info@mssthehrpeople.ie

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WRC Inspections Continue to Rise

By Tara Daly • December 11, 2025

SMEs Should Prepare Now for 2026 As we reach the end of 2025, the Workplace Relations Commission is continuing to increase its inspection activity. Over the past three years, inspections have become more frequent, more targeted, and increasingly unannounced, a trend that shows no sign of slowing as we move into 2026. For employers, especially SMEs with limited internal HR capacity, this means one thing: the best time to prepare is now, before year-end pressures take over and before the next inspection cycle begins. Inspection Activity Has Risen Year on Year Publicly available data shows a clear upward trend: • 2022: 3,943 inspections, approx. 60% unannounced • 2023: 4,727 inspections, 3,662 unannounced (approx. 77 %) • 2024: 5,156 inspections, with the WRC confirming a further increase in unannounced site visits, particularly in targeted and joint operations (eg. Revenue, Garda National Immigration Bureau, Social Welfare, etc.) That is a 30% rise in total inspections in just two years, and early indications suggest the WRC will maintain this pace into 2026. Why This Matters for SMEs SMEs make up over 99% of businesses in Ireland, and many do not have a dedicated HR or compliance function. This makes them more vulnerable during an unannounced WRC inspection, where documentation must be produced immediately and the consequences of being unprepared are far more significant for SMEs who cannot absorb: • Financial penalties • Compliance orders • Disruption to operations • Reputational damage • Staff time diverted to crisis management With the increasing trend in enforcement activity and unannounced visits, SMEs should assume they could be selected for inspection in 2026 and ensure they have the systems, documentation and records ready. Why Employers Need to Be Ready Going Into 2026 The WRC’s annual reports typically publish in Q2, meaning the full 2025 inspection breakdown will not be available until mid-2026. However, current patterns indicate: • Increased unannounced inspections across all sectors • More joint visits with Revenue, Social Protection and Gardaí • Focus on working time, payroll accuracy, permits and record-keeping • Less tolerance for incomplete or inconsistent documentation Preparing now ensures your business, particularly if you are an SME without in-house support, is not left vulnerable. Key Areas Under Scrutiny During an inspection, employers must produce statutory documentation immediately, including: • Contracts of employment • Working time and break records • Payroll and pay-reference-period data • Annual leave and public holiday records and calculations • Employment permit documentation • HR policies, procedures and statutory records MSS- WRC Inspection Preparation Audit (Particularly designed for SMEs) Our Audit help employers get ahead before year-end, MSS The HR People offer a structured WRC Inspection Preparation Audit, specifically designed to support SMEs who may not have a full HR team. Our six-step process includes: Compliance Audit: Review of contracts, policies and statutory documentation Record-Keeping & Documentation Review: Templates and statutory checklists Corrective Action Plan: Clear and practical steps to close any gaps Mock WRC Inspection: A simulated visit with a full written report On-Call Support on the Day: Expert HR assistance during a live inspection Post-Inspection Follow-Up: Support responding to any findings or compliance orders This proactive audit protects SMEs from risk, disruption and penalties and provides peace of mind heading into 2026. Prepare Now, Avoid Pressure Later We are observing instances where a WRC inspection coincides with an employer having a live or upcoming WRC complaint listed for hearing. While this does not indicate any direct link between the two processes, it highlights an important practical point for employers: if you have a pending WRC case, it is prudent to ensure that all employment records, contracts, policies and statutory documentation are fully up to date and compliant. A scheduled hearing can often prompt an employer to review their practices, but by that stage it may be too late to correct underlying non-compliance identified during an inspection. Taking proactive steps early can significantly reduce risk and demonstrate good faith if those records become relevant in any subsequent proceedings. December and January is an ideal time for employers, particularly SMEs, to review compliance, update records and identify any gaps as the new year begins. Preparing now ensures you are fully inspection-ready for 2026. If you would like support preparing for a WRC inspection or wish to arrange a pre-inspection audit, our HR Partners are ready to assist. info@mssthehrpeople.ie , Ph: +353 1 887 0690, www.mssthehrpeople.ie

Two Major Employer Compliance Portals go Live

By Tara Daly • December 11, 2025

What Employers Need to Do Before Year End

Plasterer Wins €16,940 at WRC After Underpayment

By Tara Daly • December 11, 2025

A Warning for Employers and the Importance of Compliance

Increases to the Minimum Wage Ireland Rate 2025

By Tara Daly • December 11, 2025

With effect from on 1 st January 2026, the national minimum hourly rate will become €14.15. The full rate applies to any employee who is at least 20 years of age except as detailed below; EMPLOYEE MINIMUM HOURLY RATE Aged 20 or more - €14.15 (100%) Aged 19 - €12.735 (90%) Aged 18 - €11.32 (80%) Aged under 18 - €9.905 (70%) Who does it not apply to? The National Minimum Wage rate does not apply to the remuneration of a person who is; The spouse, father, mother, grandfather, step-father, step-mother, son, daughter, step-son, step-daughter, grandson, grand-daughter, brother, sister, half-brother or half-sister of an employer, employed by the employer, or A craft apprentice within the meaning of or under the Industrial Training Act, 1967, or the Labour Services Act, 1987. Alternative minimum rates may be set down under Sectoral Employment Agreements (SEAs) or created by Employment Regulation Orders - Workplace Relations Commission . Working Hours Full time, part time, temporary, casual or seasonable employees are all entitled to the National Minimum Wage for hours worked. Calculation of Hourly Pay (Reckonable Pay) Reckonable pay means payments that are allowable in calculating an average hourly rate of pay under the National Minimum Wage Act. The following payments may be taken into account when determining average hourly rate of pay. Basic Pay Shift Premium Piece/Incentive Rate. Commission Any payments under section 18 of the Organisation of Working Time Act, 1997 (zero-hour protection) Productivity-related bonuses Service charge paid through payroll Board of Lodgings- If you receive board or lodgings, that is food or accommodation from your employer, the maximum amounts that can be included from 1 January 2026 are for: - - board only €1.27 per hour worked - accommodation only €33.42 per week or €4.77 per day Non- Reckonable Pay The following payments cannot be included to make up the national minimum wage rate: Overtime, call-out premiums, service pay, weekend and public holiday premiums, expenses incurred by the employee in carrying out their employment, unsociable hours premiums, tips or gratuities paid through the payroll, and allowances for special or additional duties may not be included, benefit in kind payments (except board of lodging), payments while absent from work i.e. sick pay, pension contributions, redundancy payments, compensation for injury, employer loan, an advance on wage/ salary, any sum payable to an employee in lieu of notice of termination of employment. Pay Reference Period The period over which you may calculate the average earnings (Pay Reference Period) may be a week, or a fortnight but must not be longer than one month. Employers are obliged to advise employees of the pay reference period they are selecting for calculations of minimum pay. Employees must be notified in writing as part of their Terms and Conditions of Employment. An employee may request from his or her employer a written statement of the employee's average hourly rate of pay for any pay reference period (other than the employee's current pay reference period) falling within the 12-month period immediately preceding the request. Employee Complaints An employee may make a complaint to the Workplace Relations Commission to investigate allegations of failure by the employer to pay the National Minimum wage or victimisation of an Employee. Such a referral must be within 6 months from the date of receipt of a written statement or from the latest date the employer should have given a written statement. Employees may not refer a complaint before requesting a written statement from their employer. Steps for Employers Employers should now implement the required changes to the rate of pay for those who are currently earning less than the new National Minimum Wage. There is no automatic right of an increase to those who are already earning in excess of the minimum wage. However, it is likely that some employers may face requests for the same. Whilst ordinarily there is no need for an Employer to notify an Employee that the National Minimum has been increased, some employers choose to issue a letter confirming their new rate of pay and the date on which it will be reflected in their pay. A template for this letter can be found on our HR Hub. Minimum Wage in Review With this most recent increase in the National Minimum Wage, an employee on minimum wage who works a full 39-hour week will now receive an additional €40.90 per week, or an extra €2,129.40 gross per year. It remains to be seen how employers will cope with these increases. As the new National Minimum Wage rate takes effect from 1 st January 2026, employers should take the time to review their current pay structures, budgets, and payroll systems to ensure full compliance. Staying proactive and informed will help employers manage these adjustments smoothly and maintain positive employee relations in an evolving pay landscape. If you require any assistance in reviewing pay structures, updating employment contracts, or ensuring full compliance with the new National Minimum Wage obligations, our team is here to help. You can contact MSS The HR People on 01 8870690 or email info@mssthehrpeople.ie and we will be happy to support you.