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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

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson—Paula Myers

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mfg Solicitors—five promotions

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Brabners—six promotions

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NEWS
Calls to raise the age of criminal responsibility from 10 to 14 have been renewed, with the Bar Council arguing the current threshold criminalises children too early and risks pushing them towards lifelong offending
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Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
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