Investigations & Regulatory
In an increasingly complex legal and regulatory landscape, dealing with the intricacies of workplace and regulatory investigations can be fraught with difficulties. Often conducted under intense scrutiny, allegations need to be carefully and appropriately investigated.
Visit our Investigations blog to read our thoughts and comments on topical and current news.
Our Investigations and Regulatory team are highly experienced at conducting investigations, UK or internationally, in a way which ensures that the facts are uncovered and all parties are treated fairly. This helps our clients to ensure that appropriate action can be taken and all risks to the business are identified.
Our team of specialist investigators routinely conduct the full spectrum of workplace investigations, from bullying, misconduct, #metoo or safeguarding, to dishonesty, expenses, financial fraud or data breaches. We are also highly experienced in dealing with regulatory investigations, including those involving advertising, health & safety, consumer, retail, sports and media issues.
Our lawyers have conducted some of the most sensitive, high profile and complex investigations, across a range of sectors; from professional and financial services to media and sport. These investigations can be undertaken on an open or a legally privileged basis.
We conduct investigations without fear or favour, building trust with all parties and delicately managing the human elements at play. Uniquely, our team consists of expert lawyers, HR professionals and trained mental health first aiders working seamlessly together to manage all aspects of the investigation and to ensure a proportionate response. We are also able to use experienced HR consultants to act as an extension of your team, managing issues of capacity and keeping costs down and, in circumstances where your own HR Director is too close to the allegations, we can leverage our in-house HR Director to work with you.
Our work includes interviewing witnesses, locating and collating documents and other evidence, working with forensic experts, and preparing written statements. We then prepare detailed investigation reports, which enable your business to determine the way forward with confidence that you have a full grasp of the facts.
We routinely investigate allegations raised against regulated employers and help the business to manage its relationship with the regulator. We ensure that the company’s response to any allegations raised meets the expectations and requirements of its regulators.
We are experienced at dealing with investigations threatened or brought by regulators such as: the Advertising Standards Authority; the Independent Press Standards Organisation; the Information Commissioners Office and many more. We can also assist with any related reputational management issues.
As many businesses look to manage a safe return to the workplace arising from the Covid-19 pandemic, compliance with government, health and safety laws and regulations and Health and Safety Executive (HSE) guidance is more vital then ever. Failure to do so can expose businesses to negligence claim, regulator investigation or criminal prosecution. We can assist with HSE enquiries, investigations and defending prosecutions when facing a health & safety breach.
Our team includes an experienced in-house criminal practitioner who works alongside lawyers specialising in dispute resolution, advertising, competition, data, media, sports, employment, and partnership law as part of a co-ordinated Investigations and Regulatory team.
Audits and Training
Our team works closely with clients to protect against future allegations. We provide tailored audits (including diversity and inclusion audits and workplace data privacy audits) and a full suite of bespoke training for HR, in-house lawyers, managers and others, provided by our specialist training team. We also offer ‘mock dawn raids’ to ensure clients have a coordinated and rehearsed response plan in place.
New duties to prevent sexual harassment – but not yet29 July 2021
The government has committed to introducing a new proactive duty on employers to prevent sexual harassment, alongside considering new laws which would make employers liable if third parties harass their employees and possibly extending the time limit in which to bring discrimination claims. It is likely to be some time, however, before any changes are put into effect.
Lewis Silkin — Wendy Saunders. Timothy Leeson and Michael Anderson comment for New Law Journal15 April 2021
Lewis Silkin has announced the hire of Wendy Saunders—a financial services, markets law and regulation expert—as a legal director. Her addition to the team further bolsters the firm’s financial services offering, as well as provides additional expertise for the technology & communications sector.
Lewis Silkin strengthens financial services offering with specialist hire13 April 2021
Lewis Silkin LLP today announces the hire of Wendy Saunders – a financial services, markets law and regulation expert – as a Legal Director. Her addition to the team further bolsters the firm’s financial services offering, as well as provides additional expertise for the technology & communications sector.
『個別に調査を行うつもりです。』との王室の声明23 March 2021
サセックス公爵夫人に対するいじめの申し立てのタイミングについて、どのように考えても、「調査を行います。」というバッキンガム宮殿の反応は、ここ数か月および数年に渡る他の多くの著名企業や機関の反応と似ている。この記事では、職場での申し立てに対する調査を行う際に組織がナビゲートする必要のある多くの重要で複雑な問題（懲戒および不平の問題を含む）について検討する。Whatever you might think about the timing of bullying allegations against the Duchess of Sussex, the response of Buckingham Palace is similar to that of many other high-profile companies and institutions over recent months and years: “an investigation will take place”. In this article, we consider the many important and complex issues organisations need to navigate when conducting investigations into allegations in the workplace (including disciplinary and grievance matters).
Sports Q&A - How are sports organisations dealing with athletes who breach Covid rules?06 March 2021
“One shall be conducting an independent investigation”05 March 2021
Whatever you might have to say about the timing of fresh bullying allegations being made against the Duchess of Sussex, the response of Buckingham Palace echoes that of many other high-profile companies and institutions over recent months and years: an investigation will take place. In this article, we consider the many important and complex issues organisations need to navigate when conducting investigations into allegations in the workplace.
Greg Clarke’s outdated comments contrast with positive steps in FA’s New Diversity Code17 November 2020
You won’t have missed the news last week that Greg Clarke has resigned from his dual-roles as FA Chairman and FIFA Vice-President, following his use of “unacceptable language” when speaking in front of Parliament.