Workplace theft is not only a breach of trust but also a situation that can lead to stress, conflict, and disruption within an organisation. Whether you’re an HR manager in an SME, a charity, or an organisation without a dedicated HR function, handling a workplace theft investigation can be a daunting task. From ensuring legal compliance to managing delicate conversations, and not to mention the time commitment it takes, it can place immense pressure on HR teams—especially those working alone or in small groups.
In this guide, Rebecca Bowman, Head of our dedicated Workplace Investigations team, provides a step-by-step approach to managing workplace theft investigations, helping HR professionals maintain fairness, impartiality, and compliance while reducing stress, avoiding internal conflict, and ensuring peace of mind.
Step 1: Handling the initial complaint or discovery
The first step is managing the initial report of theft. This stage sets the tone for the entire investigation, so it’s important to approach it with care, ensuring that the process is fair and transparent to prevent unnecessary stress and tension within the team.
There could be a reasonable explanation, and the last thing you will want is to have a case of unfair dismissal on your hands. Even if you have undeniable evidence that an employee has stolen from the business, there are still proper procedures that must be followed before any disciplinary action is taken.
Stay neutral and avoid jumping to conclusions
When an allegation of theft is reported, it can be tempting to react immediately and confront the accused. However, jumping to conclusions can lead to internal conflict, distrust, and even legal consequences. Instead, remain calm and objective.
Reacting with neutrality can ease workplace tensions and prevent conflict. When employees see that you are handling the situation professionally, they’re more likely to trust the process and feel reassured.
Confidentiality is key
Confidentiality is critical from the outset. Disclosing details of an allegation prematurely can cause stress, damage reputations, and compromise the investigation. Managing the flow of information is essential to avoiding office gossip and maintaining a calm workplace atmosphere.
Gathering preliminary information
Before launching a formal investigation, gather preliminary information to assess whether the claim has merit. However, be careful not to interrogate anyone at this stage, as this could create confusion or panic within the team.
Checklist:
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- Identify when and where the alleged theft occurred.
- Collect relevant documents or records, such as CCTV footage (see more details on this below).
- Speak briefly with witnesses, but avoid full interviews until the investigation starts.
This approach reduces the emotional strain on the team, as the process is handled discreetly and without haste.
Use of CCTV
The Court of Appeal has recently considered the use of CCTV footage in disciplinary investigations in Data Protection Commissioner v Doolin, in particular whether it is permissible to use CCTV footage that was originally captured for security purposes in such disciplinary investigations.
What can employers take from this?
- The judgment in Doolin has application to all processing of CCTV footage. Controllers in general should ensure that data subjects, whose personal data may be captured by CCTV, are made aware of all purposes for which the CCTV footage may be used and that all policies in place reflect this.
- Employers, in particular, should ensure that their data protection policy, data protection notices, CCTV policy and signs accompanying CCTV cameras list all the purposes of processing.
- Employers should also be wary of using CCTV footage in a disciplinary process unless employees have previously been informed that this may occur. If they do so, employers should ensure that the further processing of the personal data for disciplinary procedures is not incompatible with the original purposes for which it was collected (e.g. security purposes).
Step 2: Conducting a fair investigation
Once you’ve gathered enough information to warrant an investigation, it’s time to proceed. Conducting a fair and thorough investigation not only ensures compliance but also reduces internal conflict by showing that the process is impartial.
Maintain confidentiality and impartiality
A common fear among HR professionals is that the investigation might appear biased or unfair, especially if senior staff are involved. Maintaining strict confidentiality and impartiality helps avoid this.
By bringing in an external party or a neutral internal investigator, you can help alleviate concerns from employees and prevent workplace divisions. A fair process gives everyone confidence in the outcome, avoiding resentment or accusations of favouritism.
Collecting and documenting evidence
Gathering evidence methodically reduces the risk of disputes later on. Document everything, from emails and logs to CCTV footage, in a way that’s clear and easy to understand. This approach brings clarity to the process, reducing stress and building trust within the organisation.
Conduct interviews in a neutral, respectful manner to ensure everyone feels heard and respected. By treating all employees with respect, you minimise the risk of creating tension.
Interviewing the accused employee
When it comes to interviewing the accused employee, it’s important to approach this stage with care and sensitivity. Give the employee an opportunity to explain their side of the story without making them feel judged. This prevents the situation from escalating into a major source of workplace conflict.
The way you handle this stage can dramatically reduce stress for the accused and for their colleagues. A fair and calm approach shows that the organisation values transparency and justice, which can help alleviate employee anxiety.
Step 3: Making a decision based on facts
After gathering evidence, it’s time to make an informed decision. This step can often feel overwhelming, particularly in small teams where HR professionals may feel the weight of making a significant decision that could impact employee morale.
Assess the evidence objectively
HR professionals can face anxiety when making tough calls, especially if there’s fear of internal conflict or legal repercussions. Taking time to assess all the evidence calmly, without rushing the process, allows you to make a sound decision without unnecessary stress.
If the evidence is clear, you can proceed confidently, knowing that you’ve taken the proper steps to minimise risk and uphold fairness.
Follow disciplinary procedures
If disciplinary action is required, ensure it’s handled in line with your organisation’s policies and is consistent with past decisions. This helps to avoid accusations of unfair treatment and prevents conflict within the team.
Consistency in applying disciplinary actions reduces uncertainty and fear among employees, ensuring that the organisation is seen as fair and just.
Consult with the experts
Understandably, HR professionals may feel uncertain about all the aspects of an investigation. Consulting with experts can help alleviate concerns, ensuring that the outcome is both fair and compliant with employment law (but more on that shortly!)
Step 4: Involving the Gardaí
Knowing when to escalate the case to the Gardaí can be a stressful decision, especially in smaller organisations where relationships are close-knit. If the theft involves significant amounts of money or sensitive information, it may be necessary to involve the Gardaí.
When to involve the Gardaí
Although it’s not always required, significant cases of theft or fraud should be reported to law enforcement. Knowing when to escalate a case can relieve HR professionals of the burden of making the wrong decision.
Practical Tip: Consult with your HR support advisors to decide whether Gardaí involvement is appropriate. If the evidence is clear, having law enforcement involved can take some of the pressure off your shoulders.
Outsourcing the process: ensuring fairness, impartiality, and legal resilience
For standalone HR professionals or small teams, managing a theft investigation can cause significant stress. From maintaining neutrality to navigating legal complexities, the pressures can be immense. Outsourcing the investigation not only reduces these pressures but also ensures that the entire process is handled with professionalism, transparency, and impartiality, providing relief to HR teams.
Impartiality and fairness
An external investigator ensures objectivity, especially when investigating senior staff or well-connected individuals. This can prevent internal conflict, ensuring that everyone involved feels the investigation is being handled fairly.
Outsourcing prevents the perception of bias and ensures that the investigation is free from internal politics, relieving stress on HR teams and employees.
Reducing internal stress and conflict
Investigating workplace theft internally can lead to tension among colleagues, especially if HR professionals are already stretched thin. Outsourcing alleviates these pressures, allowing HR to focus on their core responsibilities.
Handing off the investigation to external experts means HR professionals no longer need to worry about juggling multiple roles. This reduces the emotional strain of managing a difficult situation while maintaining day-to-day operations.
Expertise in investigations that withstand scrutiny
A key concern for HR teams is ensuring that any findings from the investigation can withstand external scrutiny – whether from auditors, tribunals, or even the Gardaí. Outsourcing provides confidence that the final report will meet legal standards, reducing the risk of future complications.
Having a report prepared by experts means it will be professionally crafted, legally compliant, and able to hold up under any form of external review. This provides HR professionals with peace of mind, knowing their decisions are backed by strong evidence.
Time-saving and professional assurance
Outsourcing saves time and reduces the burden on HR teams, ensuring that investigations are completed efficiently without compromising quality. Knowing that the investigation is being handled by professionals brings reassurance, allowing HR teams to maintain focus on other pressing matters.
External investigators bring expertise and professionalism, ensuring no aspect of the investigation is overlooked. This gives HR professionals peace of mind and assurance that everything is being handled correctly.
How can Insight HR help?
At Insight HR, we understand the emotional and practical challenges HR professionals face when dealing with workplace theft. Unlike many other providers, we have a dedicated Workplace Investigations team who provide:
- Impartial, expert-led investigations: We conduct thorough, fair investigations that are compliant with Irish employment law.
- Legally sound reports: Our reports are prepared to withstand external scrutiny, ensuring compliance and legal resilience.
- Stress reduction and conflict avoidance: We handle the investigative process, allowing your team to focus on core responsibilities.
- Ongoing support: We offer post-investigation services, from updating policies to employee training, to mediation, and more. We also partner with Telus Health, providing access to a best-in-class EAP offering, giving your organisation additional supports to those who need it most.
So whether it’s full scale management of your workplace investigation with our dedicated workplace investigations team, providing in-person or online training, or providing on-demand advice via our HR support line, the team here at Insight HR will give you quality, consistent, and tailored service, equipping your organisation with the skills and confidence it needs to succeed in this area.
Our promise to clients, is that they will receive a customised, consistent, and customer-focused service from the team here at Insight HR.
If you’d like to hear more about how we can support you with this, and any other HR challenges you might have, get in touch with us via email at info@insighthr.ie, chat to us directly on 0567701060, or get a chat in the diary right here!
