Workplace Investigations in remote and hybrid teams: managing evidence online

Remote and hybrid investigations succeed with clear scoping, careful data handling and neutral interviews. Preserve chat, email, meeting recordings and device logs quickly, then gather proportionately. Use lawful bases under UK GDPR, plan redactions, and control access. Interview fairly online, keep an audit trail and disclose relied upon material before any hearing.

Introduction 

Remote and hybrid working changes where evidence lives and how people participate. Messages sit in Teams, Slack or WhatsApp, meetings are sometimes recorded, and devices may be personal as well as corporate. This guide shows employers how to run Workplace Investigations that are fair, proportionate and GDPR‑safe when the facts are mostly online.

Key takeaways 

·        Act fast to preserve digital sources, then collect only what you need. Stop auto‑deletion and keep a simple evidence log. 

·        Choose a lawful GDPR basis to retain and gather the information, usually legitimate interest and document decisions. 

·        Request that witnesses do not covertly record on-line meetings without consent and/or on personal devices. 

·        Interview online with structure, fairness and reasonable adjustments, for example extra breaks, screen‑share exhibits, or written follow‑ups. 

·        Disclose relied upon material in good time with proportionate redaction. Balance fairness with privacy and confidentiality. 

·        Keep security tight, for example limited access, named bundles, and short retention after deadlines pass.

What changes in remote and hybrid investigations 

The core test for fairness does not change, but the evidence map is likely to. You will often rely on chat exports, calendars, cloud files, access logs and meeting recordings. Participants may be in different time zones or using home equipment. Plan for these realities so that your report is thorough and your process is defensible.

Rights and obligations to reflect

Your process must stay within the Acas Code and UK data‑protection law. Reasonableness, proportionality and transparency underpin your decisions. Equality considerations apply online just as they do in person, especially around adjustments for disability or vulnerability.

Legal framework for remote evidence, plain English 

·        Acas Code of Practice on disciplinary and grievance procedures provides for prompt steps, fair disclosure and reasonable time to prepare. 

·        UK GDPR and Data Protection Act 2018 requires a lawful basis, consent for special‑category data, transparency and minimisation. 

·        ICO employment practices guidance, monitoring at work, handling personal data, subject access requests and redaction. 

·        Employment Rights Act 1996where the , overall dismissal fairness includes whether you acted reasonably in all the circumstances. 

·        Case law requires you have a reasonable belief following a fair investigation judged by the range of reasonable responses.

Process, steps and tests for online evidence 

Scale your enquiries to seriousness and risk. Record why you took, or did not take, each obvious step.

1) Scope the digital footprint 

·        Map likely sources, email, WhatsApp, Teams or Slack messages, Zoom or Teams recordings, calendars, shared drives, access control and CCTV where relevant. 

·        Identify personal channels that may overlap, for example WhatsApp groups used for work. Seek material lawfully and proportionately; avoid fishing expeditions. 

·        Freeze or extend retention, stop auto‑deletion in collaboration tools where possible or necessary.

2) Choose lawful bases and privacy controls 

·        Often legitimate interest will be the basis, but record your decision and whether you can rely on consent for core steps. 

·        Note any special‑category or criminal‑offence data and log the steps you take with it. Keep an appropriate policy document where required. 

·        Provide or point to privacy information, explain who will access data, how long it will be kept and whether recordings will be made.

3) Collect proportionately, keep an audit trail 

·        Export data in platform‑native formats where possible, for example Teams compliance export, and note the method and date. 

·        Label exhibits and record chain of custody where appropriate, especially for device images or CCTV clips. 

·        Minimise collection, for example relevant channels and dates only, then restrict access to a need‑to‑know group.

4) Interviewing online, fairness and adjustments

·        Send neutral invites with clear topics and how documents will be shared. Offer reasonable adjustments, for example closed captions, more breaks or written questions. 

·        Open with ground rules, confidentiality, accurate notes and the right to correct them. If recording explain why, seek agreement and how the recording will be controlled. 

·        Share exhibits securely in advance or by screen‑share, and log what was shown and when.

5) Assessing credibility and weighing digital records

·        Where evidence is challenged, check accounts against timestamps, metadata and independent system logs. 

·        Beware over‑weighting screenshots, prefer original exports where possible and explain any gaps in data. 

·        Record inculpatory and exculpatory evidence and explain preferences where accounts conflict.

6) Reporting and disclosure, privacy aware

·        Write a neutral report with numbered findings and references to exhibits and timings. 

·        Plan redactions for third‑party data, use summaries where identity should be protected, and keep a clean and redacted bundle. 

·        Disclose relied upon material to the employee with enough time to prepare for any hearing.

7) Security and retention

·        Use secure storage, restricted access and named bundles. Avoid uncontrolled downloads to personal devices. 

·        Keep material only as long as necessary for the investigation, appeal and foreseeable claims, then delete or anonymise.

Managing common online sources of evidence

Email and collaboration platforms

·        Use admin or compliance exports rather than user screenshots where possible. 

·        Search by date window, participants and keywords linked to your Terms of Reference, not blanket pulls. 

·        Keep context, for example thread view or channel history, while minimising irrelevant content.

Messaging apps and BYOD

·        If personal devices or apps were used for work, request targeted copies or screenshots, guided by relevance and proportionality. 

·        Consider an external specialist if device imaging is needed. Record scope and avoid private content where not relevant. 

·        Explain privacy safeguards in writing and agree a method to transfer material securely.

Video meetings and recordings

·        Do not record by default. If needed, explain why, who can access, retention and security. 

·        Use transcripts where available and reference timestamps for key passages rather than sharing entire files.

CCTV and access logs

·        Confirm your policy and signage cover the location and purpose. Extract the shortest clips that answer the question. 

·        Maintain a viewing log and share securely, with timecodes in your report.

Common pitfalls in remote or hybrid investigations

·        Letting auto‑deletion remove key evidence. Pause retention in relevant channels and systems early. 

·        Over‑collecting digital data. Keep searches targeted and record why broader pulls were not necessary. 

·        Relying on screenshots without originals. Prefer platform exports and keep metadata. 

·        Weak security. Unrestricted shared folders or personal email transfer can breach GDPR and damage trust. 

·        Skipping disclosure in the name of privacy. Fairness requires sharing relied upon material with time to respond.

Examples, anonymised

Example 1, Harassment in chat channels. Several remote team members report belittling comments in a private channel. The investigator pauses auto‑deletion, obtains a compliance export, interviews witnesses online with exhibits pre‑shared and references timestamps. Findings are corroborated across chat and meeting transcripts. Outcome, grievance upheld with culture actions.

Example 2, Data leak suspicion. A report suggests files were sent to a personal email. IT provides audit logs and data showing no exfiltration, while email headers show an external vendor was copied legitimately. The allegation is not upheld. The report recommends a clearer file‑sharing policy and training.

FAQs

Can we look at employees’ personal WhatsApp messages?

Only where work matters were conducted there and the request is proportionate. Prefer targeted requests and agreed screenshots. Explain privacy safeguards and avoid private content that is not relevant.

Do we need consent to review Teams or Slack messages?

If through work accounts, you should be able to review, but consider GDPR obligations.. Use a lawful basis such as legitimate interests and be transparent in your policy and privacy notice.

Should we record online interviews?

You can do. Typed notes reviewed promptly are usually enough. Recordings should be justified and controlled. Share the recording for corrections.

How do we disclose fairly without breaching privacy?

Share relied upon material with proportionate redaction and summaries where needed, and document why identities are protected. Balance your GDPR duties with fairness and confidentiality.

What about data subject access requests during the case?

Plan early for DSARs. Search proportionately, redact third‑party data where reasonable and apply exemptions narrowly, for example legal professional privilege.

When to get advice and next steps

Cases involving large volumes of digital data, possible criminal‑offence data or sensitive allegations benefit from external investigators. We can scope, run or review remote investigations, manage digital evidence and align your templates with UK GDPR and the Acas Code.

CTA, Speak to our team about remote and hybrid investigations. Call dh@kilgannonlaw.co.uk or 07969921491.

This page provides general information only, based on UK employment law as at the date of publication. It is not legal advice and must not be relied on as such. Outcomes depend on your circumstances. Reading this page or contacting us does not create a solicitor client relationship. Please do not include confidential information in your first message.

Our expert employment law solicitors all have many years’ experience advising individuals who are in your position. We will be able to guide you through the process and to help you secure the best possible outcome.

We offer a range of services, so please contact our friendly customer services team to discuss further via dh@kilgannonlaw.co.uk or 07969921491

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice 11.11.25