HR Internal Investigations 2025

In many jurisdictions, employers have certain obligations to protect employees. Typically, such obligations may include a protection of employees’ personality rights, including health and safety. In some jurisdictions, such obligations may be further nuanced (ie, protection for whistle-blowers, protection against certain forms of discrimination, etc).

These obligations may have numerous sources, including private employment law and public labour law. Other adjacent fields, like data protection, especially with respect to collecting and processing employee data, may also come into play. In addition, many employers may have internal policies with obligations that go beyond the statutory ones.

Often these legal and internal requirements include obligations – either direct or indirect – with respect to HR internal investigations, in particular, when to carry one out and how to do so.

Sometimes, an employer will receive a complaint (ie, a complaint to a supervisor, a call to the whistle-blower hotline, an employee’s exit interview, etc), and/or observe behaviour that gives rise to suspicions that their obligations (statutory of otherwise) vis-à-vis their employees are not being respected. For instance, an employer could receive a complaint related to bullying in a jurisdiction where this could be a violation of a legal obligation, such as an obligation to protect employee personality rights.

Given the large amount of time spent in the workplace, and the often-hierarchical power dynamics, it is no surprise that employers receive many complaints about potentially problematic workplace-related incidents. This is increasingly the case in the wake of social movements like the #MeToo movement which led, in particular, to heightened scrutiny of how complaints are handled, with both legal and reputational consequences for employers and considerations for the mental and physical health of employees.

One of the main ways that that an employer can investigate the veracity of allegations, and demonstrate respect for its obligations, is by conducting an HR internal investigation, which is a formal inquiry into potential violations of the law, internal policies, etc.

Such investigations are often a necessary step to protect the rights of all parties and make sure the employer is complying with all its legal obligations, as well as its own internal policies. It allows the employer to establish the facts and determine whether any disciplinary measures, or organisational measures need to, or may, be taken.

Such situations may be very complicated for employers, who, especially in the absence of specific law or legal provisions, may not know how to respond initially, and who may need to decide rather quickly if an HR internal investigation needs to be opened, when to turn to external counsel, what to communicate to the different parties and/or the authorities, and when to do so, etc), and they may have many initial questions in this respect.

In addition to legal questions, HR internal investigations often create questions with respect to their practical implications and, pragmatically speaking, the specifics of how they should be conducted (eg, who actually conducts the interview, whether the interview can be conducted remotely, whether transcripts, recordings and minutes are required, etc).

Employers also might want to take proactive measures, such as the drafting of an internal policy related to HR internal investigations. When doing so, particular attention should be paid, especially since depending on the jurisdiction, the employer could create additional obligations for itself.

Against this background, this HR Internal Investigations edition of Chambers’ Global Practice Guides addresses from start to finish what employers are to do when faced with such situations, with a general focus on: (i) when to open an HR internal investigation; (ii) how to balance obligations to protect both the reporter and respondent, as well as other employees throughout the entirety of the process; (iii) practical advice on the carrying out of the HR internal investigation; and (iv) specific information regarding internal policies.

As this Guide covers multiple jurisdictions, many of which do not have specific statutes governing internal investigations, and which may rely on case law or internal policy, each with very different rules and practices when it comes to procedures and the protection of employees, it is divided into eight general sections, in which contributors can write freely about specific laws and practices relevant in their jurisdiction.

In addition to addressing the legal framework (private law and public law) applicable in each jurisdiction covered in this global overview, these sections also cover how to deal with the common, related stumbling blocks that most often arise in practice, so as to provide a guide to the problems that are most often posed.

For example, in opening an HR internal investigation, employers will need to be aware of what to do when a complaint is received and/or problematic behaviour is observed, and the steps to take immediately with respect to initial communications with the relevant stakeholders, how to deal with a complaint of a criminal nature, whether or not to conduct a full or partial investigation, or indeed whether to conduct one at all, and when to involve outside counsel in the matter.

In looking at the further detail of an investigation, key themes across jurisdictions revolve around the interview protocols, and other fact-finding procedures, confidentiality and the support that respondents can expect or request to receive.

Of importance is the protection of all parties during the course of an investigation, balancing interests and rights and the practical steps to be taken in this regard, as well as potential consequences of the manner in which the employer handles the matter.

Procedural requirements are examined, as is the standard of proof, which may vary from one jurisdiction to another. The role and importance of internal organisational policies is also explored in the Guide.

Once an internal investigation comes to a close, parties should be aware of the manner in which the communication of the outcome and interactions with the relevant stakeholders should be handled. The chapters in this Guide will discuss transparency requirements and the consequences of violating these for the organisation. In some jurisdictions, in addition to addressing the immediate outcomes for the so-called reporter and respondent, the post-investigation period is used to address harm, foster accountability and rebuild trust.

Organisations and their advisers should also be aware of the implications of internal investigations which span multiple jurisdictions and the various governing substantive and procedural laws of each country, being mindful of a range of issues including cross-border data protection and the safeguarding of confidential information, as well as the rights of all stakeholders who may not speak the same language. Other interesting questions are addressed in respect of whistle-blowing, bullying/mobbing, discrimination, and potentially criminal allegations and their different treatment in various jurisdictions.