How to investigate an internal harassment complaint without legal errors - workplace harassment

Workplace harassment, also known as "mobbing", is a serious problem that can deeply damage employee morale, affect productivity and, most importantly, expose your company to serious legal consequences. It is crucial that companies are prepared to investigate these complaints quickly, efficiently and, above all, in a legally sound manner. This guide will provide you with a step-by-step framework to carry out an effective internal investigation and protect your company.

1. Establishment of a Clear and Well-Communicated Anti-Harassment Policy

Before any complaint arises, it is essential to have a robust and clearly defined anti-harassment policy. This policy should:

• Clearly define what constitutes workplace harassment: Including concrete examples of unacceptable behaviors.
• Establish a simple and accessible reporting process: Ensuring that employees feel safe reporting incidents without fear of retaliation.
• Ensure confidentiality: To the extent possible, protect the identity of the complainant and the accused during the investigation.
• Define the consequences of harassment: Make it clear that harassment will not be tolerated and that severe disciplinary measures will be taken against offenders.
• Be communicated to all employees: Through manuals, training, intranet, etc.

2. Receiving the Complaint: Immediate and Sensitive Action

Once a complaint is received, it is imperative to act quickly and sensitively. These are the key steps:

• Document the complaint: Record the date, time, details of the incident, names of the people involved and any other relevant information.
• Initial interview with the complainant: Listen carefully to their account, ask clarifying questions and assure them that the complaint will be thoroughly investigated. Make it clear that the company takes the complaint seriously and is committed to creating a safe work environment.
• Offer support to the complainant: Provide resources such as psychological counseling or access to a human resources professional.
• Inform the legal department: Involve the company's legal team from the outset to ensure the investigation is conducted in compliance with current legislation.

3. Investigation Planning: Defining the Scope and Resources

Before starting the investigation, it is essential to carefully plan the process. This involves:

• Appoint an impartial investigator: Select a person or team with the training and experience necessary to carry out a fair and objective investigation. Avoid conflicts of interest.
• Define the scope of the investigation: Determine which facts will be investigated, which documents will be reviewed and who will be interviewed.
• Establish a timeline: Set realistic deadlines for each stage of the investigation.
• Gather evidence: Identify and collect all relevant evidence, including emails, text messages, documents, recordings (if legal) and witness statements.

4. Interviews: Obtaining Detailed and Truthful Information

Interviews are a crucial part of the investigation. It is important to conduct them professionally and carefully:

• Interview the complainant, the accused and the witnesses: Conduct individual and confidential interviews.
• Prepare relevant questions: Ask open-ended questions that allow interviewees to provide full details.
• Document the interviews: Take detailed notes or record the interviews (with the consent of the parties, where legal).
• Maintain impartiality: Avoid making judgments or insinuations during the interviews.
• Ensure confidentiality: Remind interviewees of the importance of maintaining the confidentiality of the investigation.

5. Evidence Analysis: Objective and Fair Evaluation

Once all evidence has been collected, it must be analyzed in an objective and fair manner:

• Assess witness credibility: Consider the motivation, coherence and consistency of the testimonies.
• Compare the evidence: Contrast the statements of different witnesses and the documentary evidence.
• Identify patterns: Look for patterns of behavior or similar incidents that may corroborate the complaint.
• Consult with the legal department: Review the evidence with the legal team to ensure compliance with applicable law.

6. Conclusions and Actions: Informed and Proportional Decisions

Once the evidence analysis is complete, it is necessary to reach a conclusion and take appropriate measures:

• Determine whether the complaint is substantiated or unsubstantiated: Base the decision on the evidence collected and the analysis conducted.
• Document the conclusions: Prepare a detailed report summarizing the investigation, the conclusions and the recommendations.
• Take disciplinary action: If the complaint is substantiated, apply the appropriate sanctions to the offender in accordance with company policy.
• Protect the complainant: Ensure there are no reprisals against the complainant.
• Implement preventive measures: Take steps to prevent future incidents of harassment, such as training, workshops and reviews of the anti-harassment policy.

7. Thorough Documentation: Long-Term Legal Protection

Maintaining complete and accurate documentation of the entire investigation process is essential to protect the company from potential legal claims. This documentation should include:

• The original complaint.
• The investigation plan.
• The interviews with the complainant, the accused and the witnesses.
• All evidence collected.
• The analysis of the evidence.
• The conclusions of the investigation.
• The measures taken.