Workplace Investigation Process (Scotland): What Happens First?

Being told that your employer is carrying out a workplace investigation can feel worrying and confusing. Many employees in Scotland feel anxious at this stage, especially if they are unsure what an investigation involves or what might happen next.

This article explains how workplace investigations usually work, what your rights are during the investigation stage, and what typically happens before any disciplinary hearing takes place.

What is a workplace investigation?

A workplace investigation is the first formal step in most disciplinary processes.

It is carried out when an employer needs to gather facts about an allegation or concern before deciding whether disciplinary action is necessary.

Investigations are commonly used where there are concerns about:

alleged misconduct
workplace behaviour
attendance issues
performance concerns
breaches of company policies
complaints raised by colleagues

An investigation does not automatically mean disciplinary action will follow. Its purpose is to establish the facts before any decision is made.

Why workplace investigations matter

A proper investigation is one of the most important parts of a fair disciplinary process.

Employers in Scotland are expected to follow the ACAS Code of Practice on disciplinary and grievance procedures, which states that employers should carry out reasonable investigations before taking disciplinary action.

If an employer fails to investigate properly, any later disciplinary decision may be considered unfair.

You can learn more about these standards in our guide to
The ACAS Code of Practice Explained Simply.

When does a workplace investigation happen?

Investigations usually take place before any disciplinary hearing.

They begin when an employer receives information suggesting that something may have gone wrong.

This could include:

a complaint from another employee
concerns raised by management
reports of misconduct
concerns about performance
issues identified during routine checks

Once concerns are raised, the employer may appoint an investigating officer to gather information.

What happens during a workplace investigation?

A workplace investigation normally involves gathering relevant facts and evidence.

This process may include:

interviewing the employee involved
speaking to witnesses
reviewing emails or documents
examining workplace records
collecting written statements

The aim is to understand what happened, not to decide guilt or impose punishment.

If the investigation identifies enough concerns, the employer may move to a disciplinary hearing.

You can read more about this next stage in
Facing a Disciplinary Hearing? Here's What to Expect.

Will you be interviewed during the investigation?

In many cases, you may be asked to attend an investigation meeting.

This is your opportunity to explain your version of events and provide any information that may be relevant.

At this stage:

the meeting is usually fact-finding
no disciplinary decision should be made
you should be allowed to respond to the concerns

Some employers allow employees to bring a companion to investigation meetings, although the legal right to be accompanied normally applies to formal disciplinary or grievance hearings.

You can learn more about this in
Your Right to Be Accompanied at Work Hearings.

Can you be suspended during an investigation?

In some cases, employers may suspend employees while an investigation is carried out.

Suspension is usually used where:

there is a risk to other employees
evidence could be affected
the issue is particularly serious

Suspension should normally be:

used as a temporary measure
kept under review
explained clearly to the employee

Being suspended does not mean you have been found guilty of wrongdoing.

How long does a workplace investigation take?

The length of an investigation can vary depending on the complexity of the situation.

Some investigations may take:

a few days for simple matters
several weeks for more complex issues
longer where multiple witnesses are involved

Employers should aim to complete investigations without unnecessary delay, while still ensuring the process is thorough.

If delays occur, it is reasonable to ask for updates.

What happens after the investigation?

Once the investigation is complete, the employer will decide whether there is enough evidence to proceed.

Possible outcomes include:

no further action
informal action or guidance
moving to a disciplinary hearing

If a disciplinary hearing is arranged, you should receive written details explaining the concerns and the next steps.

You can learn more about what happens next in
Facing a Disciplinary Hearing? Here's What to Expect.

What makes an investigation fair?

A fair investigation should feel balanced and professional.

Employers should:

gather relevant evidence
speak to appropriate witnesses
allow employees to respond
keep clear records
avoid making assumptions before reviewing evidence

A rushed or incomplete investigation can create problems later in the disciplinary process.

Common concerns during workplace investigations

Many employees feel worried during investigations, particularly if they are unsure what to expect.

Common concerns include:

fear of losing their job
uncertainty about what evidence exists
anxiety about interviews
feeling isolated or unsupported
confusion about their rights

These reactions are normal. Understanding the process can help reduce uncertainty.

Practical tips during a workplace investigation

If you are involved in a workplace investigation, staying organised can help protect your position.

You may wish to:

keep copies of all correspondence
make notes of meetings
review relevant documents
remain calm and factual in responses
ask questions if anything is unclear

Taking these steps can help ensure you remain informed throughout the process.

When an investigation leads to disciplinary action

Not every investigation results in disciplinary action.

However, if concerns remain after the investigation, the employer may arrange a disciplinary hearing.

At this stage, you usually have the right to be accompanied.

You can learn more about this process in:

Support is available

Being involved in a workplace investigation can feel unsettling, particularly if the situation is unexpected.

Many employees across Scotland — including those in Glasgow, Edinburgh, and surrounding areas — experience anxiety during investigations.

Understanding your rights and preparing properly can help reduce stress and improve confidence during the process.

How Ark Advocacy can help

If you are involved in a workplace investigation, having structured support can help you understand what is happening and how to respond.

Ark Advocacy can help you:

understand investigation procedures
prepare for investigation meetings
organise documents and evidence
review correspondence
prepare for disciplinary hearings if required
support you through appeals if needed

You may also find these guides helpful:

FAQ

What is the purpose of a workplace investigation?

A workplace investigation gathers facts about an allegation before any disciplinary decision is made.

Does an investigation mean I will be disciplined?

No. Investigations are used to establish facts and may not lead to disciplinary action.

Can I bring someone to an investigation meeting?

You may be allowed to bring someone, but the legal right to be accompanied usually applies to formal disciplinary or grievance hearings.

How long should an investigation take?

The length varies depending on complexity, but employers should avoid unnecessary delays.

What happens after the investigation ends?

The employer decides whether to take no action or move to a disciplinary hearing.

Disclaimer: This article provides general information and is not legal advice. Employment situations are fact-specific, and strict time limits can apply.

Workplace Investigation Process (Scotland) - What Happens First?