Sexual Misconduct in the Workplace

Criminal Investigations

Sexual misconduct covers a broad spectrum of conduct and it is vital to identify at the earliest stage whether the conduct complained of could be criminal in nature. Potentially criminal conduct brings with it additional considerations with distinct areas of risk.

Given their nature, sexual misconduct allegations can often lead to police investigations. Evidence gathered during the investigation or disciplinary process may become part of a police investigation and evidence in later criminal proceedings. The importance of getting this right and, conversely, the consequence for getting this wrong makes robust legal advice invaluable.

Whether you are facing a potential criminal investigation into your behaviour, or are an organisation dealing with allegations against one of your employees, it is important that you are represented by lawyers who understand the criminal justice system, can guide you through the complex process and advise on your rights and responsibilities.

Data Protection Law

Sexual misconduct investigations always involve the handling of highly sensitive personal data. Our experts can assess the specific risks which may arise and help organisations comply fully with the relevant legislation.

This can include preparing privacy notices and data protection risk assessments, ensuring the safe sharing of documents with counsel, witnesses, external advisors or regulators and providing advice following DSARs.

Employment

For organisations, our specialist employment team can provide strategic, commercial and practical advice on managing processes and procedures, including internal investigations and any disciplinary or other related processes which may follow fairly and impartially to avoid potential claims. We also advise individuals on the bringing of, or responding to, sexual misconduct allegations, ensuring that their rights are safeguarded.

Regulatory

Following an accusation, both organisations and the accused individual will have certain regulatory obligations, including the requirement to report the allegation or the outcome of the investigation to the regulator (such as the SRA, FCA, ICAEW and ACCA) and also ensuring the regulator is kept updated during an investigation.

Our experts understand how stressful this can be, and have extensive experience of advising employees and organisations in this situation, and the sensitivity and support required.

Reputation Management

For both individuals and organisations, the reputational impact of sexual misconduct allegations can be devastating. We can advise organisations and individuals on a range of complex issues, including the complainant’s privacy rights and right to anonymity, and the respondent’s rights to privacy; minimising the threat of potential defamation privacy and data protection claims; and any media, internal and external communications strategies.