Employment Risk and Investigations Team

The employment team are experts at managing and carrying out investigations. We support clients by advising on the internal management of investigations, and conducting investigations ourselves as an independent third party.

We understand the nuances involved in both internal and external investigations, as well as the sensitivities and legal obligations associated with whistleblowing. Detailed knowledge of the legal issues relating to questioning techniques, privilege, whistleblowing and harassment are key features of the team’s expertise.

Our specialist workplace investigation teams work closely with other CMS practice areas, whether as co-investigators or providing subject matter expert advice, on investigations relating to financial services enforcement, financial crime, competition, data protection, health and safety, environment, sanctions and professional and clinical risk. We keep regulatory considerations in focus and ensure that wider commercial and legal issues are taken into account as matters progress.

We also understand that prevention is better than cure, and work with our clients to improve their overall governance frameworks to promote better decision-making and encourage accountability across the workforce. We assist in scoping and implementing remedial actions that might be identified as part of an investigation or enforcement action.

Through our international employment practice we also co-ordinate support and advice to clients on a multi-jurisdictional basis, whether it is an investigation with international reach or a multi-jurisdictional risk management project.

We have internal technology solutions that we can offer to clients as part of our investigation process to streamline timeframes and costs. Our innovation and technology solves real problems and generates value for our clients and our business. Click here to find out more.

The employment team are very invested in the businesses they support and go out of their way to understand how each business works.
Chambers, 2023

The individuals have a way of making you feel that your issue is of the highest importance and relevance. Nothing is too much trouble. As a client, no issue is 'silly' and you can bring any problem to the team. They are personally responsive and highly supportive.
Legal 500, 2023

Their advice on complex matters is first-rate. They are able to break down the legal issues to allow us to focus on practical, commercial issues.
Chambers, 2023

Recent investigations experience related to employment law include:

A major public broadcaster on a high profile external review by Jane Mulcahy KC into matters relating to high profile talent.
A multinational fintech organisation on numerous whistleblowing investigations, including coordinating local counsel investigations and data review and ensuring compliance with the business’ global whistleblowing policies and procedures.
Carrying out nearly a dozen disciplinary investigations, including the witness interviews and drafting investigation reports for allegations against senior employees.
An investigation into the historic handling of complaints and recommendations.
A global consumer products company on management’s internal investigation into allegations of workplace racism and sexism that arose from the global BLM movement and protests, which included complex issues relating to intersectionality and microaggressions.
An international organisation on the setting up and operation of a UK whistleblowing hotline, including handling complex issues around privilege.
Investigating a regulatory breach for an offshore drilling contractor. CMS conducted site visits with expert witnesses and compiled a detailed liability report based on technical and maintenance documents spanning over 15 years.
An investigation for a healthcare charity involving allegations of sexual harassment against a senior executive, where we instructed an external investigator and advised on process throughout.
A pensions company on the Board’s internal investigation into allegations of whistleblowing and bullying with concurrent disciplinary investigation. The whistleblowing allegations required sensitive handling and reporting to the Pensions Regulator and management and coordination of the public relations and investor relations response.
Managing a highly sensitive investigation for a life sciences charity involving a whistleblowing complaint brought by a senior member of the HR team alleging breach of equal pay legislation. We instructed a leading KC to carry out the investigation and advised on matters such as retaining legal privilege as well as the conclusions and implications of the final report.
A pharmaceutical company on internal whistleblower allegations of unethical practices concerning the pre-launch marketing of a new drug product.
On the grievance and disciplinary proceedings for a regulated client arising out of an investigation using an externally instructed barrister into allegations of harassment and assault.
Conducting an internal investigation concerning market abuse regulation and reporting findings to the FCA for a UK listed tech business.
A grievance for a large national health care business against the company’s CEO and a whistleblowing complaint about alleged serious legal and clinical malpractices brought by a recently recruited new HR Director. We carried out the investigation, conducting numerous interviews, and produced a report for the company’s parent’s board.

Further resources

People Risk in Regulatory Investigations

Strategic guide internal investigations in the UK (June 2023...

CMS Expert Guide to whistleblower protection & reporting cha...

Greenwashing - new guidelines and first proceedings

CMS Expert Guide on discrimination in the workplace

Employment Risk and Investigations Team

The employment team are experts at managing and carrying out investigations. We support clients by advising on the internal management of investigations, and conducting investigations ourselves as an independent third party.

Recent investigations experience related to employment law include:

Further resources

Key contacts