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15 August 2019 / John Bowers KC
Issue: 7853 / Categories: Features , Employment
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External investigations

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

Kingsley Napley—Kelly Greig & Abbie West-Kelsey

Kingsley Napley—Kelly Greig & Abbie West-Kelsey

Firm strengthens international tax team with partner and tax manager hire

Dawson Cornwell—Russell Bywater

Dawson Cornwell—Russell Bywater

Family law firm appoints new managing partner and head of matrimonial department

Forbes Solicitors—Katy Parkinson & Paul Hatton

Forbes Solicitors—Katy Parkinson & Paul Hatton

Employment and commercial offering strengthened by double hire

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Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
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After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
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