Workplace bullying is a serious health and safety risk. The Health and Safety at Work Act 2015 (HSWA) requires you to immediately address complaints of bullying. Even if the worker does not want to make a formal complaint, it is important to take action. This will usually involve conducting a formal independent investigation to determine the facts.

Sometimes, investigations into workplace bullying can be tricky, particularly when the alleged incidents have not been witnessed by anyone else, or the allegations are vague and lack detail. In these situations, an experienced investigator can advise you on how best to proceed.

When a complaint of bullying is raised, employers should treat the complaint seriously and conduct a fair and rigorous factual investigation. Investigations must be impartial and fair to all parties involved, and all parties should be informed of the process and kept up to date with progress.

It is important that the investigation is conducted by an experienced investigator with training in the rules of evidence, the standard of proof and the rules of procedural fairness. A specialist workplace bullying investigator will be up to date with the latest case law around workplace bullying and will know the best way to manage the investigation.