5 Scenarios When You Should Consider a Third-Party Investigator for Your Organisation
Futurum Risk
A leader in risk, business intelligence & investigations across Asia Pacific.
Investigations in the workplace are often complex, sensitive, and essential to maintaining a fair and transparent environment. While many HR teams can handle internal investigations, there are certain scenarios where bringing in a third-party investigator may be not just helpful, but necessary. Outsourcing investigations to an external expert can bring expertise, impartiality, and efficiency—ensuring that the process is handled professionally from start to finish.
Here are five key scenarios when you should consider hiring a third-party investigator:
1. Lack of Proper Training Within Your Team
Investigations often require a specific set of skills and knowledge that may not be available in-house. For example, investigating a harassment case demands a different approach than handling a fraud investigation. Without the right expertise, your team might unintentionally mishandle critical aspects of the investigation, leading to missed details, inefficiency, or even legal consequences. A third-party investigator brings the specialised training needed to ensure that the investigation is handled professionally and thoroughly, without any critical steps overlooked.
2. Perceived Conflict of Interest
Even when no actual conflict of interest exists, perceptions can still undermine the credibility of an investigation. This is particularly true when key witnesses or involved parties have pre-existing relationships with internal staff. For instance, if someone from your team is tasked with investigating a situation involving a colleague or former employee they’ve previously worked closely with, even the appearance of bias could jeopardise the outcome. A third-party investigator can eliminate any doubts about the integrity of the investigation, helping to ensure fairness in both process and perception.
3. Involvement of Senior Executives or Board Members
Investigating senior leadership, executives, or board members can be tricky, especially when HR has a direct working relationship with these individuals. In these cases, questions may arise about the objectivity of the investigation. To avoid any conflict of interest or the appearance of favoritism, it’s wise to bring in an external investigator. Not only does this help maintain the integrity of the process, but it also reassures employees that the investigation will be impartial, regardless of the people involved.
4. Increased Risk of Legal Complications
When an investigation has the potential to escalate into legal action, handling it internally can be risky. Workplace investigations related to discrimination, harassment, or fraud can easily turn into lawsuits, which may result in reputational damage or financial consequences. If you anticipate that the matter could eventually end up in court, bringing in a third-party investigator who is experienced in handling such cases can help mitigate risks. External investigators are often more familiar with the legal landscape and can ensure the investigation is conducted in a way that reduces legal exposure for your company.
5. Too Busy to Conduct the Investigation Internally
HR departments are often juggling multiple priorities—open enrollment, employee relations, performance management, and much more. In such cases, it can be difficult for your team to dedicate the necessary time and attention to an ongoing investigation. Outsourcing the investigation to an external investigator frees up internal resources so that HR can continue focusing on other important tasks. It also ensures that the investigation is conducted thoroughly without adding undue strain on your team.
Managing the Process When Using a Third-Party Investigator
Once you've decided to bring in an external investigator, managing the process efficiently is key to ensuring a smooth and productive outcome. Here are a few best practices to keep in mind:
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1. Document Your Decision
It's important to keep a record of why you chose a third-party investigator for the case. This documentation not only helps ensure transparency but also provides a reference in case any questions arise later on. Using case management software can streamline this process, making it easy to track key decisions and actions taken throughout the investigation.
2. Communicate Expectations Clearly
Make sure everyone involved in the process understands the role of the external investigator and what is expected of them. Clear communication helps prevent any misunderstandings or actions that could undermine the integrity of the investigation. This includes setting expectations around timelines, confidentiality, and the specific scope of the investigation.
3. Provide Key Information
To ensure the investigator is equipped to conduct a thorough review, share all relevant company policies, procedures, and background information. This might include any historical context or previous documentation related to the case. The more information the investigator has at the outset, the more efficient and accurate the process will be.
4. Stay Available for Queries
While external investigators bring expertise to the table, they may still need guidance or additional information from HR. Stay available to answer any questions or provide clarification throughout the investigation process. Regular updates can help ensure everything is on track and that potential issues are addressed promptly.
5. Facilitate Final Recommendations
Once the external investigator completes their work and provides recommendations, HR will still need to make final decisions based on company policies and broader context. Be sure to work closely with the investigator to ensure their recommendations align with company values and legal obligations.
Why Third-Party Investigators Can Benefit Your Organisation
Engaging a third-party investigator offers several advantages:
At the end of the day, using a third-party investigator can provide your organisation with the expertise, resources, and objectivity needed to conduct a thorough and professional investigation. Whether you're dealing with sensitive personnel issues, complex legal situations, or simply a lack of bandwidth, a third-party investigator can help you navigate the process with confidence and care.