FRANCE Law and Practice Contributed by: Eva Kopelman, Ségolène Cox and Alexis Alié-Sandevoir, Axipiter
ment is that the confidentiality and integrity of the dis - cussions be fully maintained. Employers should ensure that participants are in a pri - vate setting where the conversation cannot be over - heard and that any digital tools used comply with data protection and privacy standards. While remote interviews are practical and increasingly common, care should be taken to preserve the same level of confidentiality and professionalism as in face- To ensure objectivity and impartiality, it is recommend - ed that at least two investigators be appointed. Inves - tigators must be completely neutral, with no personal or hierarchical connection to either the respondent or the alleged victim in order to avoid any conflict of interest or undue influence. The French Defender of Rights recommends including at least one investigator with strong legal knowledge in workplace discrimination and experience in inter - view techniques. Investigations may be conducted internally or, in cases of a potential conflict of interest, by an external service provider. 3.5 Neutral Party The presence of a neutral third party during interviews may be advisable in certain situations to ensure fair - ness and transparency. Typical circumstances include: • when the interviewee requests to be accompanied, for example by an employee representative, col - league, or other trusted individual; this can help the interviewee feel supported and encourage open - ness; or • when internal company policies or procedures explicitly provide for third-party accompaniment during interviews. While not legally required, involving a neutral observer can also enhance the credibility of the investigation, provide additional oversight, and help document that the interview was conducted fairly. Employers should ensure that any third party present maintains confi - to-face meetings. 3.4 Interviewers
dentiality and does not influence the substance of the interview. 3.6 Support Person and/or Lawyer Interviewees may be accompanied by a support per - son, such as an employee representative, interpreter, or lawyer, provided that the accompanying individual remains passive and does not intervene on behalf of the interviewee. French law does not confer an absolute right to be accompanied by a support person or lawyer during an internal HR investigation. However, companies may allow accompaniment either as a matter of internal policy or in response to a specific request, particu - larly in sensitive or complex cases, to ensure the inter - viewee feels supported and to uphold the principle of procedural fairness. Employers should make clear to all participants that the role of any accompanying person, including a lawyer, is limited to support and observation, without influencing the substance of the interview. 3.7 Information At the beginning of the interview, it is recommended that the interviewee be informed of the following: • the confidentiality obligations applicable to them during the investigation; • that all statements and information exchanged dur - ing the interview are strictly confidential and must not be disclosed to anyone outside those present; • the relevant legal framework regarding moral har - assment, sexual harassment, and discrimination, in order to provide context for the investigation; • the context, purpose, and scope of the investi - gation, so that the interviewee understands the objectives of the interview; • the possibility of being accompanied, if applicable under internal policies or legal requirements; and • how their personal data will be processed in accordance with GDPR, including purposes, con - fidentiality measures, retention period, and author - ised access. At the end of the interview, it is recommended to inform the interviewee of:
154 CHAMBERS.COM
Powered by FlippingBook