KEY TAKEAWAYS:
‘I don’t recall’ responses are common in workplace investigation interviews, but they don’t need to be a roadblock if handled well.
At the outset of an interview:
- establish rapport and create a safe and comfortable environment for participants
- use open-ended questions
When a participant says ‘I don’t recall’:
- refrain from challenging the initial ‘I don’t recall’ response, instead consider questioning on related topics or surrounding circumstances, and then circle back to the original open question
- address potential underlying concerns such as confidentiality or retaliation
- keep an open mind; recognise legitimate memory lapses while being alert to evasion
- respectfully challenge implausible memory claims with available evidence, giving participants the chance to respond
- evaluate ‘I don’t recall’ responses against all relevant evidence when assessing what weight to give such responses.
In a workplace investigator’s quest to uncover the facts, three simple words — ‘I don’t recall’ — can pose a significant hurdle to achieving this objective. ‘I don’t recall’ can represent a range of answers, from a genuine inability to remember to a deliberate evasion tactic.
Understanding why investigation participants may use this phrase and how to use empathy, strategic and respectful open-ended questioning to elicit more meaningful information is an important skill for investigators to master. Handling ‘I don’t recall’ responses well can contribute to a fairer investigation, better evidence and more credible findings.
Understanding the psychology behind ‘I don’t recall’ responses
‘I don’t recall’ often stems from stress during investigations. A participant’s role as a complainant, respondent, or witness, may influence their use of this response. Keep an open mind, as ‘I don’t recall’ isn’t always evasive. For example:
- the participant may genuinely not remember an event
- the event may have occurred a long time ago or been routine and therefore not memorable
- the participant may be protecting themselves or others or does not want to get involved
- the participant may have vague recollections but fears being inaccurate
- the participant may worry about confidentiality and fear retaliation.
If participants reveal why they’re defaulting to ‘I don’t recall’ responses, address their concerns directly by offering them a further opportunity to explain their concerns.
Creating an environment for recall
Investigators can create an interview environment to encourage memory recall by:
- incorporating trauma-informed and people-centred principles and practices into investigations to build trust
- establishing rapport by explaining the importance of a fair investigation and how detailed information contributes to this goal
- ensuring the interview space is private and comfortable, using a conversational tone to reduce stress, and offering short breaks.
Open-ended vs closed questioning
Question phrasing can significantly impact participant responses. Avoid closed questions such as ;Can you recall if someone made a joke?’which invite limited ‘yes’, ‘no’, and ‘I don’t recall’ answers.
Instead, use open-ended questions that presuppose the participant has valuable or relevant information to contribute. For example, ‘Please tell me what happened during the meeting?’
How to handle ‘I don’t recall’
When first hearing ‘I don’t recall’, refrain from challenging the response or responding negatively. Instead:
- clarify whether the response is a denial or a simple memory issue
- pivot to questions on related topics or surrounding circumstances
- ask about events before or after the incident, or peripheral details
- return to the original question with open phrasing, such as ‘Tell me what you do remember about the meeting?’
Based on the available evidence, if you have formed a view that the participant’s response is implausible:
- respectfully challenge their response citing the evidence of other witnesses and invite a further response using an open-ended question such as, ‘Can you help me understand why you don’t recall anything about that?’
- listen carefully to their explanation and if appropriate ask follow-up questions.
For respondents with repeated memory lapses:
- address apparent uncooperativeness through a question such as, ‘I notice you’ve said you don’t recall most events. I have other information suggesting what happened. Your version is important. Can you help me understand your difficulty recalling these events?’
- maintain an open mind about their reluctance.
Weighing ‘I don’t recall’ responses against other evidence
When assessing credibility, consider ‘I don’t recall’ responses in context. While every investigation will be different, and the following may not always hold true, in general:
- a detailed complainant account generally outweighs a respondent’s unexplained ‘I don’t recall’ response
- the evidence of a witness who consistently uses ‘I don’t recall’ without explanation may receive little weight
- the evidence of a complainant who makes general allegations without recalling specific examples may be treated with caution.
Conclusion
Handling ‘I don’t recall’ responses requires having an open mind and viewing them as a starting point in an interview rather than an endpoint. By combining empathy with an understanding of memory barriers, a participant’s context, and strategic and respectful open-ended questioning, investigators can work through ‘I don’t recall’ responses to uncover meaningful information that can lead to a fairer investigation outcome.
More information
Q Workplace Solutions’ national team of legally qualified and licensed investigators are trusted by public and private organisations, including ASX-listed companies and government agencies, to investigate complex and often highly sensitive allegations of employee wrongdoing. We also undertake reviews of organisations, divisions or units, and provide training, coaching and external advisory support to internal investigators and teams.
To find out more about how we can support you and your team, contact us on 1300 944 049. For upcoming investigations training workshops visit our dedicated training arm, Q Workplace Training.
