Employment law requirements are easily overlooked in investigations, in particular when an authority carries out an unannounced search at a company’s premises (“dawn raid”) or when a whistleblower report alleging serious unethical behaviour triggers a hasty internal investigation. However, failing to consider employment issues in an investigation can create legal and reputational risks for the company and can damage employee morale and trust.
This webinar walks you through the typical stages of an investigation starting with an unannounced search of the company’s offices and explains how to deal with employment law requirements at each stage.
Questions discussed in this 1-hour webinar include:
- Can you force employees to hand over their phones, tablets and laptops to the investigators, even if these are their personal devices or contain private data?
- Can you ask employees working from home to come to the office with their equipment?
- Can you require employees to attend an interview?
- Do you need the employees’ consent for reviewing their emails?
- Can you review emails of former employees without their consent?
- Do you need to inform the works council before starting an internal investigation?
- How do you deal with employees’ concerns about their own position/personal liability? Do you need to pay for personal counsel? Can you give assurances to employees in order to get them to cooperate (e.g. no termination, commitment to pay potential personal fines …).
- Should/can you terminate employees found to be involved in illegal conduct?
- Tips for cooperation agreements with leaving employees involved in matters under investigation.
Anne Federle and Paweł Sawicki will share their experience of competition/criminal law investigations and Emily Clark will discuss the employment law requirements.
Do not hesitate to send us your questions through the registration form ahead of the webinar.
Expert Speakers
Anne Federle
Partner, Competition & EU
Bird & Bird – Brussels
Anne has over 25 years of experience advising clients in all areas of EU and German competition law. She has guided numerous organisations through competition and regulatory investigations. Anne regularly assists companies in conducting internal investigations, helps clients implement effective compliance programs and conducts audits to test their effectiveness. Furthermore, Anne has significant experience in steering clients through EU and national merger control, cartel and abuse of dominance proceedings and is known for offering pragmatic, actionable competition law advice. Deeply invested in sectors where technology is critical, such as automotive, electronics and telecommunications, she often works at the intersection of competition law and data legislation.
Emily Clark
Partner, International HR Services
Bird & Bird – London
Emily is a seasoned expert in employment law, specialising in aiding multinational companies with cross-border projects including investigations. She offers advice on all employment law matters, from daily personnel queries to litigations. Notably, she possesses experience in conducting complex investigations into misconduct and coordinating global employment projects. She has spent time embedded in global corporations, gaining unique insights into business-focused, practical legal support. Her passion for client service, strategic approach, and ability to deliver seamless international advice makes her a key player in handling HR and employment challenges.
Paweł Sawicki
Partner
Bird & Bird – White Collar Crime
Paweł, an experienced partner based in Warsaw, leads Bird & Bird’s international White Collar Crime team. He specialises in criminal corporate law, internal investigations, and compliance and has extensive experience handling complex litigation proceedings and leading internal inquiries into various forms of corporate abuses, including money laundering and corruption. Paweł delivers comprehensive compliance advisory services, encompassing auditing, risk analysis, and cybersecurity advisories. He also implements internal reporting systems and assists clients with designing the best solutions protecting whistleblowers. Serving as the co-founder and President of the Association of Compliance Practitioners, he uses his insights to promote best practices and contributes significantly to the industry through articles, conference presentations, and thought leadership. Prior to joining Bird & Bird, Paweł led criminal law and compliance practices at several respected Polish law firms. His expertise is demonstrated through his numerous certifications such as Approved Compliance Expert, AML Compliance Officer, and Whistleblowing Officer.
