info@howlettbrown.com
+44 (0)20 3758 6720INVESTIGATIONS
No matter the industry, employers and service providers are increasingly expected to promptly initiate independent and objective investigation and hearing support into conduct, incidents, cultural and people related issues. There continues to be an upward trend for the need and use of independent third parties for investigations and hearings.
Stages of investigation
Stage 1 – Onboarding and Set Up
Stage 2 – Preparation (reviewing key documentation related to the background)
Stage 3 – Interviews (interviewing those relevant to the investigation or hearing whilst applying proportionality)
Stage 4 – Analysis (reviewing and analysing all of the evidence received, taking into consideration cultural context and mitigating bias and presumptive decision making)
Stage 5 – Reporting Outcome (in report or letter form)
Stage 6 – Debrief Meeting(s) (with key persons such stakeholders, complainants and any accused as applicable)
Stage 7 – Insights and considerations post conclusion of matter (which can include cultural insights gained from our work and best practice recommendations that can be issued under legal privilege)
Our work can be conducted on an independent, impartial or legally privileged basis. Our approach to investigations and hearings means that we will ensure compliance with your policies and processes. Where your policies and processes do not meet a good standard or contain gaps, we will discuss with you best practice strategies to close any gaps and raise standards where appropriate and without creating risk in your process.
Our Pricing Structure
We offer a hybrid fee structure for investigations which offers greater cost certainty for clients. We apply an hourly fee rate for:
- early case assessment calls
- scoping discussions and investigation preparation
- interview preparation; and
- preparation of the investigation report.
We will apply a day rate for interviews, large scale email and evidence review and note taking.
Our rates are set out below, based on seniority and experience. For more information please contact; investigations@howlettbrown.com
Investigation Retainer
Where organisations need more consistent and regular investigation support, we offer our investigation retainer service. We co-create with our clients a process flow so that our clients have:
- prompt and tailored support when needed
- key points of contact within our team to provide continued guidance and support
- a project manager to support the prompt set up and conclusion of an investigation with key updates throughout
- monthly metrics on matters and insights trends and recommendations regarding their practices, process and organisational culture to reduce risk and the number of investigations or hearings
For our investigation retainer services we provide a day rate inclusive of an investigator and notetaker.
For more information please contact investigations@howlettbrown.com and/or download our info-sheet.
Downloads
Information sheets pending
Investigations overview
When serious concerns arise, trust is everything and trust starts with how an employer or service provider responds. Our investigation services are clear, confidential and credible. We offer a neutral, thorough, and discreet process to get to the facts while maintaining fairness, safety and respect, protecting integrity, and reducing risk for employers and service providers.
The types of issues that arise requiring investigation or a hearing, are more nuanced and complex than ever before. There is a view and growing trend perception that investigations and hearings conducted internally by managers, employees, partners and HR lack the objectivity and independence required to thoroughly navigate issues and reach a fair and objective conclusion, leading to greater escalation of the issues and associated risk.
Equally, managers, employees, partners and HR staff are being asked to make decisions that are impactful and potentially career altering for those involved, whilst managing their day-to-day roles and responsibilities. This has resulted in pressure and concern relating to their ability to undertake investigations or hearings to the standard and skill required.
Those involved in the process, whether they are a complainant, accused or witness also face pressure and worry during a process. They must all be supported and feel safe throughout a process. We combine investigative rigour with a human touch, demonstrating respect and care, understanding that these are sensitive, high-stakes situations for everyone involved.
These challenges and complexities have led to an increase in the use of independent investigators. Many employers and service providers now outsource either all their investigations and hearings or those that relate to bullying, harassment, sexual harassment, microaggressions and discrimination.
Our experience in investigations is across many industries, sectors, jurisdictions and issues, working in the private, public and regulated sectors. We advise, manage, conduct and support investigations and hearings, mitigating any presumption of bias or a predetermined outcome. There are now higher stakes for all employers and service providers as they navigate the complex world of regulatory compliance, legal, reputation and people risk, and how these risks intersect with diversity, equity, equality and culture.
Our clients range from start-ups to global enterprise clients across industries such as Tech, Software, Professional Services, Hair & Beauty, Charities and Not-For-Profit, Retail, Food, Real Estate, Music, Publishing, News & Media, Advertising, Life Sciences, Pharma, Unions, Engineering, Logistics, Environmental, Healthcare, Family Offices and Private Client and Fitness.
Types of Investigation Services
As part of our investigations offering, we provide the following services:
- Commissioned Investigations (where clients publish the investigation findings externally)
- Grievance, Disciplinary and Appeal Hearings
- Independent Assessments (an initial assessment of the issues only)
- Independent Investigations (we conduct a fact find process and decide as to the merits of the allegations)
- Internal Investigations (fact find only where there is an internal decision maker. We can make a recommendation as to the merits if requested)
- Investigation Guidance and Support
- Legally Privileged Investigations
We provide these services on a standalone and retainer basis.
Stages of Investigations
Insights and considerations post conclusion (recommendations and insights that can be issued under legal privilege)
Investigation & Hearing Retainers
Where employers and service providers need more consistent and regular investigation or hearing support, we offer our retainer services. We co-create with them a process flow so that they have the following:
- Prompt and tailored support when needed
- Key points of contact within our team to provide continued guidance and support
- An assigned project manager to support the prompt set up and conclusion of an investigation with weekly updates throughout
- Monthly metrics on matters, insight trends and recommendations regarding their practices, process and culture to reduce risk and the number of investigations or hearings
Global Investigations Network
Anticipating peak periods for investigations and hearing support can be challenging for employers and service providers. When the need arises, they are also faced with the challenge of resourcing those periods efficiently and with the right skill and capability. Employers and service providers often need a boost in assistance or personnel in a particular country, region or location for a short period of time, but are unable to fulfil that need with their existing infrastructure.
The solution is our Global Investigations Network (GIN) that can be accessed as and when employers and service providers need it. GIN is our global network of Howlett Brown investigators, comprised of experienced global investigators situated around the world who consult with us to provide support to employers and service providers when they need it. This service is offered on a retainer basis.
Types of Investigations
Our experience includes conducting investigations and hearings in the following areas and allegations:
- Abuse of power, coercion and control
- Alleged criminal misconduct including fraud, financial crime and theft
- Bias and gaslighting
- Board and Trustee conduct, disputes and crises
- Bribery
- Bullying
- Conduct
- Control failings
- Culture
- Data and confidentiality breaches
- Discrimination and microaggressions
- Environmental investigations
- Franchise businesses
- Harassment, assault and #MeToo (including sexual harassment and assault)
- Health and safety
- Impartiality
- Integrity
- Market perception
- Misogyny
- Modern Slavery
- Performance
- Pre-litigation risk
- Racism, Antisemitism and Islamophobia
- Regulatory misconduct
- Relationship breakdowns and loss of trust
- Reputational
- Safeguarding and wellbeing (including matters related to loss of life)
- Supply chains
- Systems and controls issues, including regulatory breaches and forms of employee misconduct, including leave and benefit fraud
- Whistleblowing
- Workplace practices and processes
Commissioned Investigations
As part of our service offering, we conduct commissioned investigations on an independent and impartial basis. Commissioned investigations are conducted following a commitment by an employer or service provider, that the findings of an investigation will be published on their website and/or the wider public domain. Commissioned investigations also include matters that involve formal inquiry.
Respond with Integrity. Protect Culture. Manage Risk.
Investigations are not just about resolving incidents, they are about upholding values, maintaining trust, ensuring safety and protecting long-term reputation. Our investigation services combine behavioural insight with rigour and integrity to help leaders respond strategically and act decisively.
