Investigations and Employee Fraud

There is often a tension between the need to cooperate with regulators and the rights of those implicated in the wrongdoing under investigation. We understand the importance of a prompt and candid response. We aim to give employment advice that facilitates rather than obstructs the investigation. 

We know matters move quickly and time can be short. We are highly responsive - we can clear conflicts in seconds, we carry extra capacity and our team are highly motivated. 

We are frequently called on to offer our expertise where the main legal advisors do not have the strength or depth of expertise which clients and their lead advisors require.

HR investigations

We have substantial experience undertaking HR investigations on behalf of HR teams. There is usually a need for the investigation to be carried out by a separate firm to the firm that is advising the corporate upon the legal issue and we are often recommended by the corporate’s usual lawyers for this purpose.

Whilst corporates often use HR consultants for routine day-to-day investigations there is a great advantage to instructing solicitors to carry out investigations where the issues are sensitive or complex. Not only do we have greater expertise and resources but it is often possible for the investigation to be carried out in a legally privileged setting. We can carry out HR investigations into:

• Allegations of bullying, harassment or discrimination.
• Grievances by or against senior staff.
• Disciplinary matters involving senior staff.
• Whistleblowing disclosures involving HR matters.
• Employee or union concerns that employers’ policies are discriminatory.
• Other sensitive HR matters.

Corporate investigations

Where the investigation is into corporate conduct more widely, it will then be managed by specialist counsel. We have experience working as part of a multidisciplinary team and can assist lead counsel with the following:

• Data privacy Risk based advice to facilitate prompt and proportionate data collections throughout the EU. Our team includes members of the Association of Privacy Professionals.
• Employee discipline Advice on the appropriate response - be that dismissal following due process or a consensual exit.
• Litigation Unlike many firms, we are as adept in the High Court as in employment tribunals. We have substantial expertise defending claims on a “point of principle basis”.
• International We are international employment lawyers. Last year, we assisted clients in over 70 different countries and are adept at advising US based multinationals, and we work with our colleagues throughout Littler across the globe.