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Publication 02 Jul 2025 · United Kingdom

Employment investigations

CMS toolkit series

2 min read

Recent high-profile crises demonstrate how an employee investigation can turn into an organisation-threatening event.

There are many lessons to be learnt from these high-profile controversies and how they can be avoided in the post-MeToo and Black Lives Matter corporate environment. The risks of mishandling complaints about racism, sexual harassment and other highly charged issues often extend beyond a resolution of the original complaint.

Ineffective responses to whistleblowers or other complaints can result in:

  • Loss of revenue
  • Material reduction in share price
  • Shareholder unrest
  • Brand devaluation
  • Litigation by employees and/or third parties
  • Unplanned senior exits
  • Regulatory action, including investigations and fines
  • Parliamentary scrutiny of the Board’s conduct

In this briefing note we discuss:

  1. How should you manage reputational risk (internally and externally)?
  2. What should be included in your communications plan?
  3. What regulatory risks should you take into account?
  4. How can you maintain the independence of an investigation?
  5. How can you plan appropriately for the outcome of an investigation?
  6. Who will act as your ‘critical friend’ to tell you difficult truths, ensure impartiality and help manage conflicts and legal privilege?
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