Understanding Employee Rights During an Investigation

Understanding employee rights during workplace investigations is crucial for ensuring fairness, compliance and a supportive environment in healthcare settings

CREDIT: This is an edited version of an article that originally appeared on Workology

Workplace investigations are complex procedures that can greatly affect both the employee involved and the broader work environment. Whether addressing allegations of misconduct, discrimination, harassment, or other workplace concerns, it’s essential for employees to know their rights throughout the process.

As practice managers, it is equally important to be aware of these rights to ensure proper support and effective management during the investigation.

Understanding employee rights during workplace investigations is critical in a healthcare setting to ensure that investigations are conducted fairly and in compliance with legal standards, safeguarding patient care and avoiding potential legal issues that could arise from improper handling of staff concerns.

Right to Participate

During a workplace investigation, employees usually have the right to share their side of the story. This can include being interviewed, giving evidence, or naming witnesses who can support their account. Active participation helps make sure the investigation is thorough and considers all viewpoints, which is key to a fair outcome.

Right to Representation

Employees may have the right to bring a representative to investigative meetings or interviews. This could be a lawyer or trusted colleague, depending on the organisation’s policies and the type of investigation. Having a representative offers support, clarifies the process and helps protect the employee’s rights during the investigation.

Right to Confidentiality

Confidentiality is essential, especially in healthcare settings where sensitive information is often involved. Employees have the right to expect that investigations will be conducted discreetly and that their private information will be treated with care. This confidentiality is particularly important in healthcare practices because breaches can compromise patient privacy and trust, as well as the safety and well-being of both employees and patients.

Right to a Fair and Impartial Investigation

Every employee has the right to a fair and impartial investigation. This means the investigation should be led by someone without a personal stake in the outcome, allowing for an objective assessment of the situation. An unbiased investigation is crucial to ensuring that decisions are made based on facts rather than personal opinions or external pressures.

Right to Be Free from Retaliation

Employees are legally protected from retaliation when they participate in a workplace investigation. This means they cannot be punished, demoted, or harassed for sharing information, cooperating with investigators, or filing a complaint that leads to an investigation.

Right to Be Informed of the Outcome

After the investigation is completed, employees typically have the right to be informed of the outcome, especially if they were directly involved. While the details shared may vary, employees should expect to learn whether the allegations were substantiated and what actions, if any, the employer plans to take as a result.