Part two of International Employment Lawyer’s masterclass recap says employers should assess legal privilege at the start of any workplace investigation, because factual findings usually are not protected even when lawyers lead the process.
Two privilege categories matter most—legal advice and litigation privilege—and the report warns that overclaiming protection can undermine transparency and trigger cover-up allegations, especially in high-profile cases.
Suspension is framed as a decision of last resort, not a knee-jerk response, because removing an accused employee can look like prejudging guilt and expose employers to constructive dismissal claims.
The guidance says employers should test alternatives such as temporary transfers, keep any suspension under review, and maintain regular contact so the process remains prompt and fair.
Confidentiality requires a balancing exercise: complainants may seek anonymity, but the accused still must get enough detail to answer allegations, and some cases may be impossible to investigate fairly if anonymity is preserved.