Independent investigations into sensitive situations: psychological and sexual harassment, sexist conduct, discrimination, and whistleblower reports.
Conducting rigorous and defensible workplace investigations
The growing number of reporting channels (whistleblowing procedures, employee helplines, HR reporting) has brought to light an increasing number of sensitive situations: psychological harassment, sexual harassment, discrimination, inappropriate conduct, and suspected fraud or professional misconduct. These situations require a rigorous internal investigation methodology; without it, the findings may be undermined and any subsequent decision challenged.
The firm supports employers throughout the entire process, from the initial scoping of the engagement to the drafting of the report and the final decision, ensuring that the findings are legally sound and can be relied upon against all parties.
Why methodology makes the difference
A poorly conducted internal investigation creates more risks than it resolves. A deficient report cannot support a disciplinary decision, exposes the employer to claims for breach of its health and safety obligation, and may give rise to damages claims from both the accused employee and the person who made the report.
Conversely, a well-structured investigation protects the company on three levels: it enables informed decision-making, it demonstrates that the employer has fulfilled its duty of prevention, and it provides a solid foundation in the event of subsequent litigation.
What our support covers
- Initial scoping of the engagement (scope, timeline, methodology, confidentiality)
- Drafting the engagement letter and informing the parties concerned
- Conducting interviews with the person who made the report, the accused employee, and witnesses
- Collecting and analyzing documentary evidence (communications, documents, data)
- Protecting the rights of each party (information, confidentiality, presumption of innocence)
- Coordination with legal obligations (reporting to the public prosecutor, informing the Works Council (CSE), GDPR)
- Drafting a reasoned and actionable investigation report
- Support for the final decision and its operational follow-up
Harassment investigations: a heightened standard
Investigations into psychological or sexual harassment carry the highest legal stakes. The employer has a legal obligation to prevent and to act as soon as a report is brought to its attention, and any failure to do so may give rise to liability.
The methodology must ensure that testimony is gathered under appropriate conditions, that documentary evidence is collected without bias, and that the final characterization (whether or not harassment is established) rests on a rigorous legal analysis, distinct from any moral assessment of the facts.
Discrimination, whistleblowers, and other sensitive situations
Beyond harassment, the firm handles all situations that warrant an internal investigation: reports of discrimination, whistleblower reports (French Sapin II Act, EU Whistleblower Directive), internal fraud, serious interpersonal conflicts, and inappropriate conduct by senior executives or corporate officers.
Each of these situations has specific features that call for a tailored framework: the level of confidentiality required, the parties to be interviewed, coordination with the management chain, and the handling of sensitive information.
External investigators for greater objectivity
Entrusting an investigation to outside counsel offers several decisive advantages. Independence from the parties and from the company's management strengthens the credibility of the report. Legal expertise makes it possible to characterize the facts correctly and anticipate the litigation implications. Professional distance facilitates interviews in which individuals can speak more freely than they would with an internal contact.
The firm acts either as the investigator or in a methodological support role for an investigation conducted by internal teams, depending on the sensitivity of the matter and the company's preferences.
After the investigation: securing the decision
The investigation report is not an end in itself. It serves as the basis for a decision: disciplinary action, dismissal, corrective measures, support for the person who made the report, or organizational adjustments. The firm supports this implementation phase to legally secure each decision and ensure its consistency with the findings of the investigation.
This continuity between the investigation phase and the decision-making phase prevents gaps that could weaken the procedure and expose the company to subsequent challenges.
