Navigating Employment Issues in Investigations: A Guide for In-House Counsel

It's easy to overlook employment law requirements in investigations, in particular when an authority carries out an unannounced search at a company’s premises (“dawn raid”) or when a whistleblower report alleging serious unethical behaviour triggers a hasty internal investigation. However, failing to consider employment issues during an investigation can create legal and reputational risks for the company and can damage employee morale and trust.

This webinar, hosted by Lexology, walks you through the typical stages of an investigation starting with an unannounced search of the company’s offices, and explains how to deal with employment law requirements at each stage.

Some of the practical questions answered in this 1-hour webinar include:

  • Can employees be forced to hand over their phones, tablets and laptops to the investigators, even if these are their personal devices or contain private data?
  • Can you ask employees who are working from home to come to the office with their equipment?
  • Can employees be required to attend an interview?
  • Do you need the employees’ consent for reviewing their emails?
  • Can emails of former employees be reviewed without their consent?
  • Do you need to inform the works council before starting an internal investigation?
  • How do you deal with employees’ concerns about their own position/personal liability? Do you need to pay for personal counsel? Can you give assurances to employees in order to get them to cooperate (e.g. no termination, commitment to pay potential personal fines …).
  • Should or can you terminate employees found to be involved in illegal conduct?
  • Tips for cooperation agreements with leaving employees involved in matters under investigation.

Click below to register for the webinar.

Brussels-based Competition & EU law Partner Anne Federle and Warsaw-based White Collar Crime Partner Paweł Sawicki will share their experience of competition/criminal law investigations alongside Emily Clark, London-based International Employment Partner, who will discuss the employment law requirements.

 

Upcoming events

More Events