When workplace investigations hit the headlines, the risks can escalate quickly.
Suddenly, employers are dealing with media attention, social media commentary, employee concerns and potentially serious reputational risk – all while trying to conduct a fair and effective investigation.
We were recently privileged to host the International Employment Lawyer’s Workplace Investigations Masterclass, which included three lively and engaging panel discussions. Each was designed to address the thorny issues which can and often do arise in such situations, with valuable insights from a variety of panellists whose work (whether in-house or in private practice) keeps them at the coalface of workplace investigations.
Here we continue our five key takeaways from the event, please see here for Part One.
Privilege, privilege, privilege
There is no such thing as a quick précis in relation to privilege, given it is a notoriously complex area. However, the brief point to be made here is that at the start of every investigation, it is worth spending some time thinking about whether it applies, and/or whether you want/need it to. The starting point for both questions is no.
There are two main types of legal privilege: legal advice privilege (which protects confidential communications between a lawyer, and a client for the purpose of seeking and receiving legal advice) and litigation privilege (which applies where litigation has started or is contemplated, but not where it is merely a...
Voting rights, voter intimidation and the politics of voting have been central themes of TPM reporting going back more than 25 years. Over a quarter century you develop a lot of institutional know...