UK Employment Law Shift Forces Employers To Take Proactive Stance On Workplace Investigations

When workplace investigations make headlines, risks escalate rapidly for employers navigating media attention, employee concerns, and serious reputational damage simultaneously.

Conducting a fair and effective investigation while managing public scrutiny requires organisations to be far better prepared than many currently are.

Experts from Squire Patton Boggs, including James Pike, Sarah Wilkinson, and Laura J. Nelson, recently shared insights from the International Employment Lawyer’s Workplace Investigations Masterclass.

The event featured three panel discussions designed to address the difficult issues that regularly arise during workplace investigations, drawing on experience from both in-house and private practice professionals.

The final key takeaway from the masterclass centres on a significant shift in the employment law landscape, one that is moving firmly from reactive to proactive.

Organisations now face increased stakeholder scrutiny on workplace issues from both external parties and their own workforces, with greater focus on culture, governance, and speaking up.

In the UK, the Employment Rights Act 2025 requires employers to take all reasonable steps to prevent sexual harassment, while also creating specific employer liability for third-party harassment.

For regulated organisations, the FCA and the PRA have outlined sharpened expectations on non-financial misconduct and senior accountability, set to take effect in September 2026.

These developments mean organisations must get ahead of potential issues rather than waiting for allegations to surface before taking meaningful action.

One recommended approach is carrying out a Culture Review, which can range from assessing whether culture and governance operate as intended to conducting targeted reviews following incidents, adverse media attention, or regulatory feedback.

Such reviews are most effective when tailored to specific circumstances, drawing on both quantitative and qualitative methods to build an accurate picture of organisational culture.

A typical review would include targeted desktop analysis of policies and governance frameworks, workshops with HR and Compliance functions, and structured employee engagement activities.

Employee engagement activities can include one-to-one structured interviews, small focus groups, and staff surveys designed to surface themes that might not otherwise reach leadership.

The process concludes with identification of themes, risks, and practical recommendations, followed by an action plan that creates a tangible way forward for addressing and mitigating future issues.

Squire Patton Boggs highlights its significant experience in carrying out Culture Reviews, including advising global and brand-sensitive organisations on employment, equality, and people-related compliance matters.