Workplace Investigation Process in Scotland (2026) — What Happens First? | Ark Advocacy

Workplace Investigation Process in Scotland (2026) — What Happens First?

Being told that your employer is carrying out a workplace investigation is one of the most unsettling things that can happen at work. You may have been given very little information about what it involves, what is being alleged, or what might happen next. The uncertainty — not knowing what evidence exists, who has said what, or where the process leads — is often the hardest part.

This article explains how workplace investigations are supposed to work in Scotland, what your employer is required to do at each stage, what your rights are, what the most common failures look like, and what practical steps you can take right now to protect your position.

What Is a Workplace Investigation?

A workplace investigation is the process by which an employer gathers information about an allegation or concern before deciding whether any formal disciplinary action is necessary. It is usually the first formal step in a disciplinary process — though it is important to understand that an investigation does not automatically lead to disciplinary action.

The purpose of an investigation is to establish the facts, not to reach a verdict. No disciplinary decision should be made before the investigation is complete.

Investigations are commonly used where an employer has concerns about:

alleged misconduct or a breach of company policy
workplace behaviour, including allegations of bullying or harassment
attendance or performance concerns
complaints raised by colleagues or third parties
incidents identified through routine monitoring or management review

Being investigated is not a finding of wrongdoing. It is the beginning of a fact-finding process — and understanding how that process should work is the first step in being able to protect yourself within it.

What Your Employer Is Required to Do Before the Investigation Begins

The ACAS Code of Practice on Disciplinary and Grievance Procedures is clear that employers must carry out a reasonable investigation before taking any disciplinary action. This is not optional — it is one of the core requirements of a fair process, and a failure to investigate properly can make any subsequent disciplinary outcome unfair.

Beyond the ACAS Code, your employer's own internal disciplinary procedure will set out what the investigation stage should involve. That procedure may require specific steps — for example, who should conduct the investigation, what records must be kept, or what information must be provided to you before any investigation meeting. These requirements are binding on your employer, and departures from them matter.

Before an investigation begins, your employer should, at a minimum:

identify whether a formal investigation is necessary or whether the concern can be resolved informally
appoint an investigating officer who is impartial and has no prior involvement in the matter
consider whether any immediate action — such as a temporary change of duties — is necessary while the investigation takes place

You can read more about the standards your employer is required to meet in our updated guide to
ACAS Code of Practice 2026 — Disciplinary and Grievance Procedures Explained

What Happens During a Workplace Investigation?

A workplace investigation normally involves gathering evidence from a range of sources. The specific steps will depend on the nature of the concern, but a reasonable investigation should typically include:

interviewing the employee who is the subject of the investigation
speaking to relevant witnesses
reviewing documents, emails, records, or other relevant evidence
collecting written statements where appropriate
considering any context or mitigating factors raised by the employee

The investigating officer should approach the process with an open mind — their role is to gather a balanced picture of what happened, not to build a case for or against any particular outcome. An investigation that fails to consider evidence that supports the employee's position, or that relies on one-sided accounts without testing them, is not a fair investigation.

A key point that many employees miss: the investigation and the disciplinary hearing should be conducted by different people. Most disciplinary procedures — and ACAS guidance — require that the person who carries out the investigation does not also chair the disciplinary hearing. This separation is designed to ensure the hearing is approached without the decision-maker having already formed a view. Where the same manager investigates and then decides the outcome, that is a recognised procedural failure.

The Investigation Meeting — Your Rights and How to Prepare

In most cases, you will be asked to attend an investigation meeting. This is your opportunity to respond to the concerns, provide your account of events, and raise any relevant context.

Before the meeting, your employer should tell you in writing what the meeting is about. ACAS guidance states that employees should be informed of the nature of the investigation in advance so they can prepare properly. If you have been given no information about what the meeting concerns — or if you have been told it is an informal chat when it is clearly something more serious — that itself may be relevant to whether the process is fair.

You should also check your employer's own disciplinary policy before attending. Many policies give employees rights at the investigation stage that go beyond the legal minimum — for example, the right to be accompanied. While there is no statutory right to be accompanied at an investigation meeting under the Employment Relations Act 1999, your employer's own policy may provide this right. If it does and the right is denied, that is a procedural failure.

You can read more about when the right to be accompanied applies in our guide to
Your Right to Be Accompanied at Work Hearings

In the meeting itself:

listen carefully before responding — let the investigating officer explain the concerns before you say anything
take notes of what is said, or ask for the meeting to be paused so you can note something accurately
do not feel pressured to answer questions you are unprepared for — it is reasonable to say you need more information or time to consider a specific question
do not speculate or guess — answer based on what you actually know
ask what happens next before the meeting concludes

Can You Be Suspended During an Investigation?

Yes — some employers suspend employees while an investigation is carried out. But suspension is not automatic, and it should not be used as a default.

ACAS guidance is clear that suspension should only be considered where there is a genuine reason — for example, where the nature of the allegation means the employee's continued presence in the workplace could affect the integrity of the investigation, or where there is a risk to colleagues or to the business. Suspension should be a neutral act, not a punishment.

If you are suspended, your employer should:

tell you in writing that you are suspended, why, and for how long
confirm that the suspension is not a disciplinary sanction and does not indicate a finding of wrongdoing
keep the suspension under regular review
maintain your pay and contractual benefits during the suspension period unless your contract specifically provides otherwise

A suspension that is disproportionate to the concern, that is used as a form of pressure, or that departs from what your employer's own policy says about when suspension is appropriate, may itself be challengeable.

You can read more about what to do if you feel the treatment you are experiencing goes beyond what a fair investigation requires in our guide to
My Employer Is Making My Life Difficult at Work — What Can I Do in Scotland?

How Long Should a Workplace Investigation Take?

The length of a workplace investigation will vary depending on the complexity of the concern, the number of witnesses involved, and the volume of documents or records to be reviewed.

ACAS guidance requires that investigations are carried out without unnecessary delay. A straightforward matter involving one or two witnesses may be completed within days. A more complex matter involving multiple witnesses, large volumes of documents, or specialist input may take several weeks.

What is not acceptable is a process that drags on without progress, that fails to give you any indication of where things stand, or that is being used to keep you in a state of uncertainty rather than to genuinely establish the facts.

If the investigation is taking longer than might reasonably be expected, it is reasonable to put a request in writing to HR or the investigating officer asking for an update on progress and an expected timeline.

What Happens After the Investigation?

When the investigation is complete, the investigating officer will normally produce a written report setting out what evidence was gathered and what conclusions, if any, were reached. This report goes to the decision-maker — who, as noted above, should be someone different from the investigating officer.

Possible outcomes include:

No further action — if the investigation finds no evidence to support the concern
Informal action — if the matter is considered minor and best addressed without a formal process
A formal disciplinary hearing — if the investigation concludes that there is a case to answer

If a formal disciplinary hearing is arranged, you should receive written notification of the concerns, the evidence gathered during the investigation, and the details of the hearing — including the date, the time, and your right to be accompanied. You are entitled to receive this information in sufficient time to prepare properly.

You can read more about what happens at the hearing stage in our guide to
Facing a Disciplinary Hearing? Here's What to Expect

When an Investigation Is Not Being Conducted Fairly

Not every investigation is carried out properly. Understanding what a fair investigation looks like makes it easier to identify when something has gone wrong.

Signs that an investigation may not be fair include:

the same manager is conducting the investigation and will also chair the disciplinary hearing
witnesses who might support your account are not being interviewed
you have been given no information about the nature of the concerns before an investigation meeting
the investigation appears to have reached a conclusion before all evidence has been gathered
documents or communications that are relevant to your defence have not been disclosed to you
the process is being rushed without proper consideration of the evidence
the investigation follows shortly after you raised a complaint, took sick leave, or exercised a legal right

If any of these apply, it is worth raising concerns about the process in writing at the time — not after the fact. A concern raised during the investigation carries significantly more weight than one raised only at the hearing or on appeal.

You can read more about how to identify and respond to procedural failures in our guide to
Your Employer Isn't Following Their Own Procedure — What You Can Do About It

Start Your Record Immediately

Whether you have just been told an investigation is underway, or you are already part way through the process, starting a written record now is one of the most important steps you can take.

A contemporaneous timeline — a running log of events made at the time they happen — is far more credible than a reconstruction written weeks later. For each relevant event, note:

the date, time, and location
what happened or what was said, as accurately as possible
who was involved or present
how it affected you
any action you took and any response you received

Alongside your notes, keep copies of:

the original notification that an investigation was taking place
any written details of the concerns provided to you
all correspondence with HR or the investigating officer
documents or evidence disclosed to you during the investigation
your employer's disciplinary and grievance procedure
your employment contract
any previous correspondence or documents relevant to the concerns being investigated

If you attended an investigation meeting, write up your notes of what was said as soon as possible after the meeting — not days later when the detail becomes less reliable.

Keep everything on a personal device and a personal email account, not on work equipment or systems.

What to Do Right Now

If you are currently involved in a workplace investigation, there are practical steps you can take immediately.

Request your employer's disciplinary procedure in writing. If you do not already have a copy, ask HR by email. Read it carefully and compare what it says to what has actually happened so far in your case.

Find out what the investigation is about. If you have not been told, ask in writing. You are entitled to know the nature of the concerns before you attend any investigation meeting.

Do not discuss the matter with colleagues. However difficult this is, sharing the detail of what is happening with colleagues can complicate the investigation and may be used against you.

Consider whether to raise concerns about the process. If something about the investigation does not feel right — the investigating officer has a prior involvement, you are being denied information you are entitled to, or the timeline feels unreasonably compressed — raise it in writing now rather than waiting.

Seek independent advice early. You do not need to wait until a disciplinary hearing has been arranged before getting support. The investigation stage is often where the most important decisions are made, and understanding your position at this stage gives you the best chance of influencing what comes next.

Support Is Available

Being involved in a workplace investigation can feel isolating and frightening — particularly when you do not know what is being said about you, what evidence is being gathered, or where the process leads.

Many employees across Scotland — including those in Glasgow, Edinburgh, and surrounding areas — go through investigation processes without understanding what their rights are or what they should do. The earlier you seek support, the more options remain available to you.

How Ark Advocacy Can Help

Ark Advocacy supports employees at the investigation stage — before any formal hearing has taken place. This is often where support makes the most difference, because it is the point at which the most options remain open and the most important procedural decisions are being made.

We can help you:

understand what the investigation process should involve and how it should be conducted
review your employer's disciplinary procedure to identify what they are required to do at each stage
identify whether the investigation is being conducted fairly and in line with both the ACAS Code and your employer's own policy
prepare for an investigation meeting — what to say, what to ask, and what to note
raise concerns about the conduct of the investigation in writing, at the right stage
begin building a clear and credible contemporaneous record from this point forward
prepare for a formal disciplinary hearing if the investigation concludes that one is required

You do not need to wait for a hearing letter before getting support. If an investigation has been announced, this is the right time to talk.

Get in touch with Ark Advocacy Scotland to find out how we can help.

FAQ

Does a workplace investigation mean I am going to be disciplined?

No. An investigation is a fact-finding process. Its purpose is to gather information before any decision is made, and it does not automatically lead to disciplinary action. Many investigations conclude with no further action. However, it is a formal step and should be treated seriously from the outset.

What should I be told before an investigation meeting?

ACAS guidance states that you should be told in writing what the investigation meeting is about before it takes place. This allows you to prepare properly. If you have been given no information about the concerns — or if the meeting has been described as informal when it is clearly something more serious — that may be relevant to whether the process is fair.

Do I have the right to be accompanied at an investigation meeting?

There is no statutory right to be accompanied at an investigation meeting under the Employment Relations Act 1999. However, your employer's own disciplinary procedure may extend this right to the investigation stage. Check your employer's policy before the meeting. If the policy provides accompaniment at this stage and it is denied, that is a procedural failure.

Can my employer suspend me during an investigation?

Yes, but suspension should not be automatic. It should only be used where there is a genuine reason — for example, where the employee's presence could affect the integrity of the investigation or poses a risk. Suspension should be a neutral act, maintained at full pay, and kept under regular review. It does not indicate a finding of wrongdoing.

What if the investigating officer is someone who already has a view about what happened?

This is a significant concern. The investigating officer should be impartial and have no prior involvement in the matter. If the person conducting the investigation has previously expressed a view about the situation, or has a conflict of interest, you are entitled to raise that concern in writing and ask for a different investigating officer to be appointed.

The same manager is investigating and will chair the disciplinary hearing. Is that allowed?

Most disciplinary procedures — and ACAS guidance — require these roles to be carried out by different people, to ensure the hearing is approached without the decision-maker having already formed a view. Where the same person does both, that is a recognised procedural failure. Raise it in writing now, before the hearing takes place.

What if I think the investigation is not being conducted fairly?

Raise your concerns in writing at the time. Identify specifically what you believe is unfair — who has or has not been interviewed, what information has or has not been shared with you, or how the process departs from your employer's own policy. A concern raised during the investigation carries more weight than one raised only afterwards. Independent advice at this stage is worth seeking.

What happens if the investigation was not done properly and I was then dismissed?

A failure to carry out a reasonable investigation is a factor that employment tribunals consider when assessing whether a dismissal was fair. An inadequate investigation — particularly one that failed to gather relevant evidence or consider the employee's account — can make a subsequent dismissal unfair even where there was a genuine reason behind it. This is one of the most important reasons to document procedural failures at the time they happen.

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

About the Author

Ark Advocacy provides structured workplace support for employees across Scotland facing investigations, disciplinaries, grievances, and dismissal processes.

All articles are written and reviewed using recognised UK workplace procedure standards, including ACAS Code of Practice guidance where applicable.

Workplace Investigation Process in Scotland (2026) — What Happens First?