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 is the last of our five key takeaways from the event. Please see here for part one and part two.

  1. The employment law landscape is increasingly proactive, not reactive

    We are seeing increased stakeholder scrutiny on workplace issues (including investigations), both externally and from the workforce itself. With a greater focus on workplace culture, governance and speak up, organisations need to demonstrate how they are protecting their people, managing their risk and appropriately responding to concerns raised.

    The employment landscape is also moving towards an expansion of worker protections and rights, coupled with more active enforcement. In the UK, the Employment Rights Act 2025 will shine a spotlight on instances of harassment by requiring employers to take all reasonable steps to prevent sexual harassment in the workplace, while also creating specific employer liability for third-party harassment. For regulated organisations, the FCA and the PRA have outlined sharpened expectations on non-financial misconduct and senior accountability to take effect in September 2026.

    As such, it is increasingly important that organisations are on the front foot with these issues to the extent that they can be, rather than waiting for allegations to arise. One approach to mitigating these risks is to carry out a Culture Review. This can range from assessing whether culture and governance operate as intended to conducting targeted or thematic reviews following incidents, adverse media attention or regulatory feedback, with the aim of taking a proactive approach to resolving issues rather than a reactive one.

    We recommend that such reviews be tailored to the particular circumstances, using both quantitative and qualitative methods. Generally, a review would include some or all of the following:

    • Targeted desktop analysis of policies and governance frameworks.
    • Workshops with HR and Compliance functions.
    • Employee engagement activities through a combination of one-to-one structured interviews, small focus groups and staff surveys.
    • Identification of themes, risks and practical recommendations.
    • Provision of an action plan to create a tangible way forward to address and mitigate future issues.

    We have significant experience in carrying out Culture Reviews, including advising global and brand-sensitive organisations on employment, equality and people-related compliance issues.

If you would be interested in discussing ways in which we might be able to support you and your business, please get in touch with your usual Squire Patton Boggs contact.