Advising organisations and individuals in relation to allegations of, and investigations into, sexual misconduct in the workplace

Allegations of sexual misconduct represent a serious reputational and business risk for organisations and can have lasting implications for the individuals involved.
 

Kingsley Napley has a dedicated and specialist team which provides a unique combination of expertise and experience in this highly sensitive area.

We have acted for high profile and multi-national clients, including private, public and charitable organisations and individuals at the top of their professions.

Sexual misconduct investigations

We are frequently instructed to conduct investigations into alleged sexual misconduct or advise on investigations whether carried out internally or by external counsel, ensuring that they are conducted sensitively, independently, efficiently and fairly.

Our role does not end with the investigation: we have experience in providing guidance from the start to the conclusion of any related civil, criminal or regulatory proceedings.

Our sexual misconduct legal expertise
 

Employment law

Sexual misconduct claims may be raised in a variety of ways, including as a grievance or a whistleblowing disclosure by a current or former employee or partner.

Our work in this area includes:

• advising organisations on managing processes and procedures fairly and impartially to avoid potential claims for discrimination, victimisation, unfair dismissal or constructive dismissal;
• advising partnerships on their obligations and deeds, as well as the suspension and/or removal of a partner;
• supporting organisations with any subsequent actions and disciplinary procedures, helping them to improve their policies and training to effect long-lasting cultural change;
• advising individuals raising or responding to a sexual misconduct allegation, ensuring their rights are safeguarded and that the process is fair and robust;
• advising organisations and individuals, alongside our Regulatory team, on the Financial Conduct Authority (FCA)’s regulatory reference regime and helping organisations to draft regulatory references.

Visit our Employment Law pages

Criminal law

Sexual misconduct covers a broad spectrum of behaviour 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 potentially be admissible in later criminal proceedings. Conversely, an incorrectly conducted investigation may lead to later evidential difficulties.

We can advise and assist organisations in several ways, including:

• advising on the potential for a police investigation and/or managing contact with the police;
• advising on the relevant criminal law, especially the complex intersection between an internal and criminal investigation;
• advising individuals on their criminal law risk;
• identifying appropriate modifications to ensure the investigations are fair for all involved.

Visit our Criminal Law pages

Regulatory law

We have a wealth of experience with high-profile, time-sensitive and complex investigations and can assist both regulated organisations and individuals. Our expertise includes:

• helping organisations and individuals meet their regulatory obligations, including any requirement to report the allegations or the outcome of the investigation to the regulator (such as the Solicitors Regulation Authority (SRA), Financial Conduct Authority (FCA), Institute of Chartered Accountants in England and Wales (ICAEW) and the Association of Chartered Certified Accountants (ACCA) and keeping the regulator updated during an investigation;
• advising and guiding organisations and individuals through the investigation process, taking into account their ongoing regulatory obligations and wider strategic issues;
• demonstrating changes have been made to an organisation’s governance structures, systems and controls to promote a good workplace culture.

Visit our Regulatory Law pages

Reputation Management

Employers are increasingly aware of the damaging reputational impact caused by mishandling sexual misconduct complaints. That is why it is vital that any investigation is conducted properly and respects the legal rights of the complainant and respondent.

We advise organisations and individuals on a range of complex issues, including:

• the privacy rights and right to anonymity of a complainant, and the respondent’s rights to privacy;
• minimising the threat of potential defamation, privacy and data protection claims;
• appropriate media, internal and external communications strategies as the investigation progresses.

Visit our Reputation Management pages

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.

Our services include:

• preparing privacy notices, data protection risk assessments and information handling policies;
• devising security and confidentiality protocols to ensure the safe sharing of documents with counsel, witnesses, external advisors or regulators;
• providing advice following Data Subject Access Requests.

Visit our Data Protection Law pages

Further information

If you require advice concerning allegations of sexual misconduct in the workplace, please contact a member of our Sexual Misconduct in the Workplace team in confidence.