In person or remote workplace investigations

In person or remote workplace investigations – Advances in technology have provided options for workplace investigations.

Changes in working practices especially since the COVID lockdowns have resulting in many workplace investigations being conducted, either wholly or partly, on a remote basis.

Remote investigations may be necessary where employees work from home, are geographically separated in to various locations or are absent from the workplace.

In addition health or other considerations could make in-person meetings impractical.

While the method of communication may differ, the fundamental principles of fairness, reasonableness, and proportionality remain unchanged.

When are remote investigations are appropriate.

Employees or witnesses may feel more comfortable being interviewed remotely via Zoom or Teams or by the phone thereby reducing the stress of coming into an office and allowing them to be in an environment where they are comfortable.
Time, cost, or operational constraints make face-to-face meetings impractical such as paying for the investigators travel and waiting time.
Travel costs can be expensive if they involve investigator airfare and accommodation.

Planning and preparation for remote investigations

All of the information relating to the investigation can be provided to the investigator via email all during remote meetings, this information can include the instructions and terms of reference, copies of the complaint/s, other documents and emails and any other relevant information and the contact details of persons who are required to be interviewed.

The investigation interviews

Additional planning may be required to ensure remote investigation interviews are effective and fair. Investigators should consider:

Technology: ensuring that you have a reliable platforms for video or audio meetings and document sharing. I generally recommend Zoom or Teams.
Legal compliance: The phone can be used especially in remote areas where internet access is unreliable. It is important to note that when conducting a recorded phone interview in most jurisdictions you must confirm that you have the permission of the person being interviewed (recorded) to record the phone call.
Recording: Zoom and Teams Have the ability to record the meeting. If you are conducting a telephone interview I recommend using the iPhone in built memo function
Confidentiality: Ensuring that interviewees are able to join from a private location and that conversations cannot be overheard or recorded without consent.
Access and capability: Confirming that all participants have the necessary equipment, internet access, and technical competence.
Contingency planning: Preparing for technical failures, interruptions, or rescheduling if connectivity issues arise.

The actual interview process should be no difference to an interview conducted face to face.

It is best practise prior to the interview to advise the interviewee in writing The time and date of the interview and the platform (Zoom or Teams) that you will be using and that the interview will be recorded to ensure accurate note taking.

The letter sent to the interviewees should also advise them that they are entitled to have a support person present during interview and also provide them with information about the organisations EAP service.

It is important to advise the interviewee that the interview is being recorded, in my case I provide all interviewees with a transcript of the interview and advise them at the end of the interview after reviewing their transcript I am happy to receive any additional information or submissions.

Potential arguments against remote investigations.

Comment: If you are not physically present with the person you cannot judge whether they are being truthful or not, you can’t see their body language.

Response: Body language is not a reliable science or source of evidence.

Comment: Some people may be more comfortable meeting with the investigator face to face.

Response: this is a valid comment and if the organisation or the interviewee expressly wishes the interview to be conducted face to face then consideration should be given to that request.