MeToo in the workplace

A global technology group received two anonymous reports through its internal whistle-blower system within one week. The two reports contained some matching accounts of inappropriate and sexualised remarks made by an executive to employees.

They also mentioned a chat group used for company purposes, in which relevant messages were purported to have been shared. According to the reports, the individuals affected had so far refrained from disclosing the incidents to the company's management out of fear of being disadvantaged professionally.

Initially it was unclear to the management whether this was a case of individual incidents or a broader structural problem. At the same time, they needed to act immediately: The reports had to be reviewed carefully, relevant information had to be secured and the rights of all those involved had to be guaranteed.

The management instructed us to conduct an internal investigation into the case and provide legal assistance with the measures that would result.

Preliminary review and preparation

To begin with, we assessed the reports together with the internal compliance function for plausibility, specificity and relevance. The protected communication function in the whistle-blower system allowed us to ask the reporting persons for more information and narrow down the key facts of the case.

On this basis, we developed a plan with clear steps to take, responsibilities and a narrow time frame.

Securing data and internal communications

Because the reports referred to digital evidence, relevant company emails, chat logs and calendar entries were secured. These were subsequently evaluated taking requirements under data protection law into account.

In parallel we reviewed the existing internal guidelines and reporting channels. Additionally we supported the management with its internal communications, which had to guarantee that the investigation was confidential and that the responsible figures were free to act.

Interview with the accused executive

During an investigation phase lasting two weeks, we first had an interview with the executive who had been accused. The executive had the opportunity to comment on the allegations and share their perspective. The identity of the individuals who submitted the reports was protected throughout.

Interviews with employees and evaluation

We then interviewed five employees from the organisational unit in question, including multiple people named in the reports as having been affected.

Several statements were consistent in confirming repeated inappropriate and sexualised remarks by the executive. They additionally made references to similar messages sent from company mobile phones. Sufficient evidence for physical assault beyond this however could not be established.

The results of the interviews were compared with the secured communications and other documents. We additionally investigated how earlier complaints had been handled within the company.

The findings, their basis in fact and the legal assessment were compiled in an investigation report.

Outcome of investigation and structural findings

The investigation largely confirmed the allegations of verbal abuse. At the same time, it became clear that the facts of the case could not be reduced to just the conduct of a single executive.

There was a stark power imbalance in the department in question. Employees were worried that reporting wrongdoing could have a negative impact on their career development. In some cases earlier reports did not receive consistent follow-up or were not transparently pursued to their conclusion.

The internal rules also showed loopholes. In particular clear competences and reliable escalation channels for complaints against executives were lacking.

The outcome of our investigation gave the management more than just a basis for handling the specific case. The investigation also highlighted the need for action in leadership, compliance and complaint management.

Legal and organisational measures

Based on the investigation report, we showed the client measures in employment law to consider and assisted them with implementing the decisions they reached.

Furthermore we supported the company with developing its internal structures and preventive measures.

In addition, training and dialogue formats were held for employees and executives. The goal was to identify problematic behaviour earlier, handle reports appropriately and more clearly anchor responsibilities in the company.

Conclusion

Results of our advice:

• facts of the case clarified with structure and confidentiality,
• the basis for corporate and employment law-related decisions documented,
• weaknesses in the existing complaints and escalation processes conveyed transparently,
• and options for legal and organisational action outlined.

The case shows that internal investigations must reliably clarify the facts of the specific case. At the same time, they should highlight what organisational conditions facilitate misconduct or make it difficult to uncover such misconduct.

That is why our advice combined clarifying the facts of the case with assessing the circumstances under employment law, creating a communication strategy and developing internal compliance structures.