Last year, ViewHR was approached by a high-profile client to handle a delicate and intricate investigation into allegations of professional misconduct. The company sought ViewHR’s expertise to ensure an impartial and thorough examination of the situation involving key employees. This case study outlines the investigation process, the complexities encountered, the final outcomes, and how ViewHR can assist other companies in handling similar issues.
Background
ViewHR was engaged to investigate allegations of professional misconduct involving a Team Leader (Respondent) and a recently promoted employee also at a supervisory level (Complainant). The incident in question occurred during a team-building event.
The Allegations
The Respondent allegedly made inappropriate physical contact with the Complainant during the event. The Respondent was also accused of persistently requesting the Complainant to accompany him, making her uncomfortable. The Complainant also reported that the Respondent allegedly invaded her personal space and made unsolicited comments.
Overall, the Complainant reported that these behaviours made her feel extremely uncomfortable and violated her personal boundaries.
The investigation was conducted by Sarah King, Senior HR Consultant and Director at ViewHR, and involved multiple witness interviews.
Complexities
Most witnesses interviewed did not observe the Respondent’s alleged physical contact with the Complainant. One witness noted the Respondent behaving unusually towards the Complainant but his testimony was potentially biased due to his friendship with the Complainant.
Witnesses provided mixed accounts with some noting the Respondent’s altered state and others not observing inappropriate behaviour at all.
The Complainant and one of the witnesses were close friends, which could have influenced their perceptions and testimonies. Additionally, the Respondent’s colleagues might have been inclined to defend him, complicating the objective assessment of events.
The subjective nature of misconduct complaints, especially involving body language and personal space, posed challenges. What one individual perceived as misconduct, another might have seen as benign or accidental.
Outcome
Based on the investigation, there was insufficient evidence to conclusively support the physical misconduct allegations (inappropriate physical contact and invading personal space). Despite mixed evidence, the overall environment created by the Respondent’s behaviour was deemed wholly inappropriate and uncomfortable for the Complainant, leading to a recommendation for disciplinary action against the Respondent.
If you need help conducting fair and thorough investigations in your business, or if you want to hire external consultants with expertise and experience, don’t hesitate to contact us at hr@viewhr.co.uk or call +44(0) 331 6301399.
We are ready to support you with any employment-related complaints and will provide the best possible solutions.
