Workplace Investigations – Quarterly Review – Edition 5

5 February 2026

This Quarterly Review highlights that legislative changes and case law lessons globally are impacting the way in which employers conduct investigations. In particular, legislation is broadening the circumstances where employers are required to conduct robust workplace investigations.

In the UK, the forthcoming requirement to take all reasonable steps to prevent sexual harassment, the re-introduction of liability for third party harassment and the removal of the unfair dismissal compensation cap following the implementation of the Employment Rights Act 2025, all increase the importance of thorough investigations into potential workplace misconduct. The increase in focus on whistleblowing and whistleblower rights (such as in Spain where whistleblower protection is being strengthened and the UK where new anti-corruption strategy signals greater emphasis on whistleblowing and where refreshed guidance from the Serious Fraud Office ("SFO") underlines the importance of having a robust whistleblowing programs) is likely to have the same effect.

Whilst employers are under increasing pressure to investigate and address workplace conduct globally, we are also seeing a renewed focus on dealing with allegations of workplace misconduct pragmatically and proportionately. This underscores the importance of a considered triage stage: assessing whether an investigation is required at all, defining its scope, and deciding whether it should be handled internally or externally.

This triaging and planning stage is also an opportunity for employers to roadmap the investigation to ensure compliance with the increase in regulation and case law dictating the steps in the investigation process. This is the case in France where proposed new legislation creates a clear statutory framework for internal investigations, in Australia where careful planning is necessary to help maintain privilege in external investigations and in Singapore where the Workplace Fairness Act ("WFA"), expected in 2027, requires employers to update internal investigation protocols.

In the latest developments in the US, while government scrutiny of workplace DE&I programs continues to intensify, we are seeing courts push back against investigative demands that are overly broad or improperly used.

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