What to do if…
you are contacted by an external investigator or lawyer about your workplace and you are unsure what to share
Short answer
Don’t answer substantively on the spot. First verify who they are and what they’re asking for, then get the right support before you share anything or hand over any documents.
Do not do these things
- Do not forward, download, screenshot, or share work documents/emails with anyone outside your organisation “just to help”.
- Do not guess, fill gaps, or agree with leading statements if you’re uncertain.
- Do not delete, edit, or “tidy up” messages/files after you’ve been contacted.
- Do not sign a statement or “confirm this is accurate” summary without time to read and correct it.
- If you want private advice, avoid using work email/devices where possible (work systems may be monitored or later reviewed).
- Do not record calls/meetings unless you’re sure it’s lawful and permitted by workplace policy, or you have clear consent.
What to do now
- Pause and get the request in writing. You can say: “I’m not refusing to help, but I can’t respond properly without written details.” Ask for:
- their full name, organisation/law firm, and role
- who they represent (your employer, an individual, an insurer, a regulator, etc.)
- what they want (a call, an interview, documents, a witness statement)
- whether it’s voluntary or legally required, and any deadline
- Verify identity independently before you engage. Use the organisation’s official website/main switchboard details (not the email signature) to confirm the person and request are genuine.
- Decide whether to notify your employer—safely.
- If they say they act for your employer (or you suspect this is an employer-commissioned investigation), forward the written request to HR / legal / compliance (whichever your workplace uses) and ask who should handle it.
- If you’re told not to notify anyone, or you fear a conflict/retaliation, pause and get independent support first (for example, your union or an independent solicitor) before you share anything.
- Route documents and personal data through the right channel. If they ask for files, emails, customer/client info, CCTV, HR records, or anything containing personal data, don’t send it yourself. Ask your employer who is authorised to disclose it (often legal/compliance or the data protection contact), and let them handle lawful sharing and records.
- Create a clean record of contact. Write a short factual note: date/time, who contacted you, what they asked for, what you said, and any deadlines. Keep it neutral; don’t paste confidential content into personal notes.
- If they want an interview, set protective conditions.
- Ask for topics/agenda in advance and who will attend.
- Ask to schedule it so you can have support. Be precise about accompaniment: there is no legal right to be accompanied at a disciplinary investigation meeting, though it can be good practice for an employer to allow it. There is a legal right to be accompanied at a disciplinary hearing (and at qualifying grievance meetings). If in doubt, ask for a companion/union rep anyway and see what your employer allows.
- If you receive formal legal documents, treat them as time-sensitive. If you’re served with something official (for example, a court order or witness summons), don’t ignore it. Send it promptly to your employer’s legal team (or to your own solicitor if you can’t safely involve your employer) and note any deadlines.
- If the contact relates to wrongdoing/whistleblowing, slow down further. If you think you’re being pressed to hide concerns or you’re unsure how to raise them safely, use your organisation’s whistleblowing route or get independent advice before speaking widely, so you don’t accidentally breach confidentiality while trying to do the right thing.
What can wait
- You do not need to decide today whether you’ll “fully cooperate” — right now you only need to verify legitimacy and avoid irreversible mistakes.
- You do not need to produce a perfect narrative immediately; it’s reasonable to ask for time to check records.
- You do not need to interpret legal terms (like “privilege” or “confidential”) on your own.
Important reassurance
Feeling pressured when a lawyer or investigator contacts you is normal. Asking for written details, time, and a supported meeting is a standard, sensible response.
Scope note
These are first steps only. Depending on the topic (disciplinary, grievance, regulatory, civil claim), you may need tailored advice from your union, HR/legal, or an independent employment solicitor.
Important note
This is general information, not legal advice. If you think you could face personal legal risk, disciplinary action, or you’re being asked to share sensitive/confidential information, get independent advice promptly.
Additional Resources
- https://www.acas.org.uk/investigations-for-discipline-and-grievance-step-by-step/step-4-holding-investigation-meetings
- https://www.acas.org.uk/disciplinary-procedure-step-by-step/step-4-the-disciplinary-hearing
- https://www.acas.org.uk/grievance-procedure-step-by-step/step-4-the-grievance-meeting
- https://www.gov.uk/whistleblowing
- https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/data-sharing/sharing-personal-data-with-law-enforcement-authorities/
- https://www.theabi.org.uk/files/policies-and-guidance/ico-disclosures-to-private-investigators.pdf