HR Internal Investigations 2026

HR Internal Investigations: A General Overview

An HR internal investigation is a formal inquiry conducted when an employer is confronted with reasons to suspect that there may have been potential violations of the law or internal policies (eg, that an employee is being bullied). It is an important tool that permits the employer to demonstrate that it respects its legal obligations vis-à-vis its employees.

Given the large amount of time spent in the workplace and increasingly blurrier lines between the professional and personal, combined with the hierarchical power dynamics inherent in employment, it should come as no surprise that employers receive many complaints about potentially problematic workplace-related incidents, ranging from kindergarten-style disputes between colleagues to allegations of serious criminal violations.

In recent years, there seems to have been a marked uptick in formal complaints. On the one hand, between the post-COVID-19 return to working in the same space as other people and growing societal polarisation, rather than speaking with their colleagues, more employees are turning to formal complaints as a way to deal with small annoyances. On the other hand, the spotlight that social movements like #MeToo and Black Lives Matter shone on the discrimination, harassment, bullying and sexist and sexual violence experienced by many people led to more employees feeling empowered to file complaints.

In light of the legal and reputational consequences for employers and the potential mental and physical health and safety risks to employees, employers need to pay special consideration to how complaints are treated and how HR investigations are conducted.

In many jurisdictions, employers have certain obligations to protect employees. Typically, this may include a duty to protect employees’ personality rights, including their health and safety. In some jurisdictions, this may be further nuanced (ie, protection for whistle-blowers, protection against certain forms of discrimination, etc). Frequently, these obligations are not codified in one place. They may have numerous sources, such as private employment law and public labour law (international and domestic). Many employers also may have internal policies with requirements that go beyond the statutory ones. In addition, adjacent fields like data protection may come into play and rules around the use of AI are becoming increasingly important, given the substantial role AI now plays in internal investigations, especially at the document review stage.

Often these laws and rules contain provisions (either directly or indirectly) about HR internal investigations – in particular, when to carry one out and how to do so. Concretely, this means that when an employer receives a complaint, they need to know whether it triggers a legal obligation to protect their employees and, if so, the extent of these obligations.

This may encompass both protecting the employee(s) directly subject to the behaviour in question (eg, bullying) and protecting other employees from a potential risk of also being subject to such behaviour, as well as protecting the person against whom the complaint was made from false allegations and rumours. As HR internal investigations allow employers to establish the facts necessary to determine the veracity of the complaint and whether any measures need to be taken, they not only protect the person who made the complaint (ie, the reporter), but also the person against whom the complaint was made (ie, the respondent).

Such situations may be very complicated for employers, especially in the absence of specific legal provisions and given the need to act quickly, and they may have many legal and practical questions.

Initially, an employer will need to determine whether an HR internal investigation should 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).

Moreover, pragmatically speaking, the employer will need to determine the specifics of how the investigation will be conducted (eg, who actually conducts the interview, whether the interview can be conducted remotely, whether transcripts, recordings and minutes are required, etc). For instance, 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.

Employers also seek advice about proactive measures to take before a problem arises, such as the drafting of an internal policy related to HR internal investigations. These are not innocuous questions, as, depending on the jurisdiction, the employer inadvertently could create more 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:

• when to open an HR internal investigation;
• how to balance requirements to protect both the reporter and respondent, as well as other employees throughout the entirety of the process;
• practical advice on the carrying out of the HR internal investigation; and
• specific information regarding internal policies.

The 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 therefore divided into eight general sections, in which contributors can write freely about the laws and practices relevant in their jurisdiction.

More specifically, procedural requirements in different jurisdictions are examined, along with the standard of proof. The role and importance of internal organisational policies are also explored. In addition to the legal framework applicable in each jurisdiction covered in this global overview, these sections also cover how to deal with the stumbling blocks that arise most frequently in practice.

Key themes can be observed across jurisdictions, revolving around the interview protocols and other fact-finding procedures, confidentiality and the support that reporters and 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.

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. Therefore, this Guide discusses in detail transparency requirements and the consequences of violating these. In some jurisdictions, beyond simply 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.

Given the increasingly mobile world in which we live, employers also should keep in mind that internal investigations spanning multiple jurisdictions often have specific considerations. In particular, each jurisdiction may have its own substantive and procedural laws. In this context, terms like whistle-blowing, bullying/mobbing and discrimination have different definitions depending on the jurisdiction, and an allegation that is potentially criminal in one place may not be elsewhere. Employers carrying out cross-border investigations should also consider data protection, rules around the use of AI and the safeguarding of confidential information, as well as the rights of all stakeholders who may not speak the same language.