Given the freedom of speech of victims of discrimination or harassment, companies increasingly find themselves receiving reports instead of the courts.
Required to ensure the safety of its employees, companies are required to conduct an internal investigation, even in the absence of legal proceedings, in order to verify the facts.
In a framework decision of 5 February 2025, the Defender of Rights, Claire Hédon, makes 49 recommendations to harmonise these operations. Given the disparities in practices and the absence of a precise legal framework to govern these sensitive procedures, these recommendations aim to guarantee more effective, rigorous, protective and impartial implementation.
1. Accessibility of the reporting system.
Companies must ensure that reporting mechanisms are accessible to all employees, including former employees and candidates.
In this regard, several channels must be available, including email, telephone, online chat, etc.
Furthermore, anonymity must not be a reason for systematic exclusion from reporting.
2. Protection of reporting authors.
The employer must implement enhanced prevention and support measures, in particular by providing for the rapid transmission of the occupational physician's contact details to alleged victims, witnesses and persons implicated.
Victim protection also includes the removal of the employee implicated as soon as the investigation begins and the guarantee of strict confidentiality of the information collected.
To read the full brief, click on the link below
Frédéric CHHUM avocat et ancien membre du conseil de l’ordre des avocats de Paris (mandat 2019-2021)
CHHUM AVOCATS (Paris, Nantes, Lille)
e-mail: chhum@chhum-avocats.com
https://www.instagram.com/fredericchhum/?hl=fr
.Paris: 34 rue Petrelle 75009 Paris tel: 0142560300
.Nantes: 41, Quai de la Fosse 44000 Nantes tel: 0228442644
.Lille: : 45, Rue Saint Etienne 59000 Lille – Ligne directe +(33) 03.20.57.53.24
Pas de contribution, soyez le premier