At our recent webinar featuring special guests Dr Nina Burrowes (Psychologist, Author, Activist and founder of The Consent Collective) and Bethaney Durkin (Director at Byfield Reputation Counsel), alongside Emma Bartlett, Beth Hale and Gabrielle Lintott of CM Murray LLP, the panel examined the increasingly complex landscape facing employers once a workplace investigation has concluded.
Set against heightened statutory duties to prevent sexual harassment and manage third‑party risk, the discussion highlighted that the period following an investigation is often the point of greatest organisational and reputational exposure.
The panel discussed the key issues for employers, in particular:
- Communicating outcomes: Striking the right balance between transparency and confidentiality remains a persistent challenge, particularly where expectations across stakeholders diverge.
- Interpreting the outcome in practice: Investigation findings are rarely experienced as binary, and can have wider implications for perceptions of fairness, trust and organisational culture.
- Managing ongoing employment relationships: Where employment continues, decisions around reintegration, oversight and appropriate safeguards require careful judgement.
- Rebuilding team dynamics: The wider impact of an investigation on colleagues and teams is often underestimated and can give rise to longer-term cultural and engagement issues.
- Mitigating future risk: Investigations should prompt reflection on whether existing frameworks – policy, training and reporting structures – are sufficient.
- Responding to evolving duties: Heightened obligations around sexual harassment and third‑party risk are placing greater scrutiny on how employers manage outcomes and demonstrate proactive compliance.
The panel also highlighted the importance of prevention, with Dr Nina Burrowes’ recent book, All Reasonable Steps, exploring how psychological insight can be used to strengthen organisational approaches to preventing workplace sexual harassment. A discount code for the book, referenced during the webinar (“prepared”) is currently available via her website.
If you have any questions regarding this discussion or require advice regarding workplace investigations, please do not hesitate to contact Partners Emma Bartlett, Beth Hale, or Senior Associate Gabrielle Lintott, or another member of our Investigations Unit.
