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External investigations

15 August 2019 / John Bowers KC
Issue: 7853 / Categories: Features , Employment
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John Bowers QC sets out some ground rules for conducting a successful investigation

  • Clarify precisely the scope of the investigation you are undertaking before you start it.

Many lawyers are being asked to lead investigations into employment issues, often of sexual harassment allegations. These investigations, of course, come in all shapes and sizes and raise very different issues. I concentrate here on employment investigations but even they may involve regulatory or governance issues as well as strict employment points. A later article will deal with privilege issues.

Sometimes it will be a lawyer alone investigating, at other times (s)he will be assisted by others. Some will be formal, others informal. Some will be public sector, others private. Some may be provided for by statute, such as designated independent person investigations which used to be required before senior council officers were suspended or dismissed in England and Wales and now survive only in the latter. Most will be set up in an ad hoc manner. In some cases there will be recognised parties (the complainant

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MOVERS & SHAKERS

Bloomsbury Square Employment Law—Donna Clancy

Bloomsbury Square Employment Law—Donna Clancy

Employment law team strengthened with partner appointment

mfg Solicitors—Matt Smith

mfg Solicitors—Matt Smith

Corporate solicitor joins as partner in Birmingham

Freeths—Joe Lythgoe

Freeths—Joe Lythgoe

Corporate director with expertise in creative industries joins mergers and acquisitions team

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Why have private prosecutions surged despite limited data? Niall Hearty of Rahman Ravelli explores their rise in this week's NLJ 
The public law team at Herbert Smith Freehills Kramer surveys significant recent human rights and judicial review rulings in this week's NLJ
In this week's NLJ, Mary Young of Kingsley Napley examines how debarring orders, while attractive to claimants seeking swift resolution, can complicate trials—most notably in fraud cases requiring ‘particularly cogent’ proof
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