How to Conduct a Workplace Misconduct Interview: A Step-by-Step Guide

Before you start: preparation

A defensible workplace interview is won before it begins. Review the allegation, the policy said to be breached, and every document already gathered. Draft an outline of topics — never a rigid script — and decide the order in which you will introduce evidence.

Step 1 — Engage and explain

Open by explaining the purpose, the process, confidentiality, and the person's rights (including any right to be accompanied). Setting expectations reduces defensiveness and protects the fairness of the process.

Step 2 — Build rapport and get a free account

Invite the interviewee to tell you what happened in their own words, without interruption. This uninterrupted free narrative is the richest and least contaminated part of the interview.

Step 3 — Clarify and probe

Return to the account topic by topic using open questions (Tell me, Explain, Describe). Only introduce specific evidence once you have a full account, so the interviewee cannot simply tailor their story to what you reveal.

Step 4 — Introduce evidence carefully

• Disclose documents or facts one at a time.
• Give the person a genuine opportunity to respond to each point.
• Record their explanation accurately, even when it differs from other evidence.

Step 5 — Close professionally

Summarise what you understood, ask if there is anything they wish to add, and explain the next steps and likely timescales. A calm, respectful close supports both wellbeing and procedural fairness.

After the interview

Write up a clear, factual record promptly, distinguishing evidence from your own assessment. This document is what a tribunal or regulator will scrutinise, so accuracy and neutrality are essential.

Follow this structure and your workplace investigations will be fairer, more thorough, and far more defensible.