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 Revises Code of Practice on Access to Part-Time Work: Key Updates for Employers.

By Tara Daly • February 4, 2026

The Workplace Relations Commission (WRC) has updated its Code of Practice on Access to Part-Time Work, providing clearer guidance on best practices for employers and employees in today’s flexible working environment. While the revised Code is similar to the previous version, it adopts a more positive tone towards part-time work, presenting it as a modern and flexible way of working rather than an exception . In particular, the Code places greater emphasis on work–life balance considerations, including from the perspective of parents and carers. Although the Code does not create a legal right to part-time work, it sets clear expectations for employers in terms of how requests should be handled and reinforces the importance of fair and consistent treatment of employees. Key Updates and Takeaways Part-Time Work as a Positive Option The updated code recognises part-time work as a valuable way to enhance labour market participation and provide flexibility. Employers are encouraged to view part-time arrangements as a strategic and beneficial option, rather than a limitation. Equal Treatment A central principle of the code is that part-time employees must not be treated less favourably than full-time employees. This means that pay, benefits, access to training, and career progression should be proportionate and fair, ensuring that part-time staff are not at a disadvantage. Structured Procedures for Requests A key development in the revised Code is the increased emphasis on employers adopting a clear, step-by-step framework when dealing with requests to move between full-time and part-time work. Employers are encouraged to: Review and update policies to reflect the code’s guidance. Respond to requests following a clear, structured procedure. Provide meaningful reasons if a request cannot be accommodated. Rather than informal consultation alone, requests should now be considered through a structured and documented process. Flexible Roles and Recruitment The revised Code encourages employers to consider whether part-time working can be accommodated at the point of job design and recruitment. This may include job-sharing arrangements, flexible schedules, or adjusting workloads to maintain role effectiveness. Responsibilities of Employers and Employees Under the revised code, employers are expected to establish clear policies, actively monitor roles for flexibility, provide part-time employees with equal access to training, and ensure that no employee is penalised for requesting part-time work. It is equally important to communicate with all staff about part-time opportunities, including how to request them and the criteria used to assess requests. Clear communication helps maintain transparency and ensures a fair, consistent approach to flexible working across the organisation. Employees, in turn, are responsible for complying with agreed arrangements, understanding that not all roles may be suitable for part-time work, and performing their duties as required. Both employers and employees play an important role in making part-time arrangements fair, transparent, and effective. Legal Relevance Although the code is not legally binding, it is admissible in evidence. Adjudicators may rely on it when assessing whether an employer’s approach to part-time work requests is reasonable, fair and aligned with best practice. What Does This Mean for Your Business? The revised Code encourages employers to take a more structured and considered approach to part-time working, while also protecting the operational needs of the business. For SMEs in particular, clear procedures and consistent decision-making are essential to managing requests effectively and avoiding unintended legal or operational risks. Having a documented process helps employers demonstrate fair consideration of requests, apply objective business grounds where flexibility is not feasible, and maintain continuity of service. Done properly, part-time arrangements can support retention and engagement without undermining productivity or resourcing. Part-time work should not be viewed as an automatic entitlement or an informal arrangement. Employers are encouraged to review their policies, communicate expectations clearly, and ensure that any flexibility granted is sustainable, consistent, and defensible if challenged. If you need any assistance reviewing your company policies in line with this revised Code of Practice, please do not hesitate to contact MSS The HR People. PH: 018870690 Email: info@mssthehrpeople.ie

WRC Awards €8,000 for Unfair Dismissal Following Employee Pregnancy Miscarriage

By Tara Daly • February 4, 2026

A recent Workplace Relations Commission (WRC) decision highlights the significant risks employers face when they fail to follow fair procedures in managing employee illness and highly sensitive personal circumstances. In this case, a sushi chef who was dismissed shortly after suffering a miscarriage was awarded €8,000 in compensation for unfair dismissal. The decision serves as an important reminder to employers that regardless of previous concerns around attendance or conduct, employers must act reasonably, compassionately and in accordance with fair procedures. Background of the Case The complainant was employed as a sushi chef with Beacon Sushi Limited. In early 2024, she informed her employer that she was unwell and subsequently confirmed that she had suffered a miscarriage. She later provided a medical certificate covering her absence from work. Approximately five days after the miscarriage, the employee received a WhatsApp message notifying her that her employment was being terminated and that she was expected to work her notice period, even though she was medically unfit to do so at the time. The employer claimed that the dismissal was due to concerns regarding timekeeping and the employees alleged failure to follow the company’s absence reporting procedures. WRC Findings The WRC adjudication officer found that the dismissal was unfair and was critical of the manner in which the employer handled the situation. The WRC noted that the dismissal letter did not set out any clear reasons for termination and that no meeting was held with the employee prior to the decision being made. In addition to this, the employee was never given an opportunity to respond to the concerns raised, nor was she afforded a right of appeal. The adjudicator also considered that the employer was aware of the employee’s medical circumstances when the dismissal decision was made. The WRC found that dismissing an employee in such circumstances, while she was on certified sick leave and without any fair or transparent process, fell well short of the standards required under Irish employment law. As a result, the employee was awarded €8,000 in compensation for unfair dismissal. Key Lessons for Employers This case serves as a reminder that fair procedures are essential in all dismissal situations, regardless of the surrounding circumstances. Even where an employer believes there are legitimate concerns relating to attendance or conduct, employees must be informed of those concerns, given a meaningful opportunity to respond, and provided with access to an appeal process. The decision also highlights the need for particular care where an employee is medically vulnerable or experiencing significant personal trauma. Employers are expected to exercise sensitivity and sound judgement when managing illness-related absences, particularly when the employer is already aware of the employee’s medical condition. Dismissals that take place during periods of certified sick leave carry an increased level of risk and will be closely scrutinised by the WRC. This risk is further heightened where dismissals are communicated informally, such as by text message or WhatsApp. Informal communication around dismissals has been repeatedly criticised by the WRC. Finally, the case demonstrates that management policies should be applied thoughtfully and must consider the individual circumstances at hand, rather than being rigid. While policies provide an important framework, they should not be used as a substitute for fair judgement or proper procedures. Conclusion This WRC decision is a timely reminder of the legal and reputational risks that can arise when employers fail to follow fair procedures, particularly in cases involving illness or sensitive personal circumstances. Employers should regularly review their practices around sick leave management, disciplinary procedures and dismissals, to ensure compliance with employment legislation and alignment with best practice. If you require advice on managing sick leave, dismissals or disciplinary processes, please do not hesitate to contact MSS The HR People: Ph 018870690, Email: info@mssthehrpeople.ie