FRANCE Law and Practice Contributed by: Eva Kopelman, Ségolène Cox and Alexis Alié-Sandevoir, Axipiter
be initiated promptly, particularly in light of the statu - tory limitation period for such misconduct. 4.4 Protection of Other Employees As soon as a potential risk comes to the employer’s attention, the employer is obliged to take all neces - sary measures to protect the health and safety of all employees, including the alleged victim, the respond - ent, and other staff members. Consequently, the precautionary measures described above to protect the alleged victim may also be applied to safeguard other employees. Such measures should be implemented with due con - sideration of the risk that the alleged conduct could recur and affect other employees during the course of the investigation. The employer must strike a careful balance to preserve the health, safety, and rights of each employee. Failure to take appropriate protective measures could expose the employer to liability for breach of its general duty of security under French labour law. Conversely, pro - tective measures should be proportionate and non- punitive, as overly restrictive actions may themselves give rise to claims by the employee affected. 5. Procedural Requirements and Proof 5.1 Requirements French labour law does not prescribe a specific pro - cedure for internal HR investigations. However, the French Defender of Rights has issued general rec - ommendations for investigations following reports of discrimination or harassment (Decision No 2025-019, 5 February 2025). Internal investigations should comply with four prin - ciples, as follows. • Impartiality, independence, and transparency: All parties must receive fair and impartial treatment ( Guide ministère du travail , 8 March 2019). Failure to comply can result in liability, including damages for conducting a biased investigation (Cass. Soc., 9 February 2012, No 10-26.123).
• Confidentiality and privacy: Investigators must protect the dignity and privacy of all involved, maintaining confidentiality of information disclosed ( Guide ministère du travail , 8 March 2019; Article 4.2, ANI of 26 March 2010). • Adversarial principle: Employees have the right to know the allegations against them and to present their side. Participation cannot be compelled; refusals should be documented, and written state - ments may be accepted. The right to remain silent should be recorded in the interview minutes. • Presumption of innocence: Respondents must be treated as presumed innocent throughout the investigation. Additional procedural considerations are as follows. • Assistance: No statutory right to a lawyer exists in internal investigations, but employers are advised to allow legal assistance upon request (Cass. Soc., 22 March 2016, No 15-10.503). • Anonymity: Employees may request anonymity, similar to whistle-blower protections. Anonymised testimony may be admissible if essential and disclosed to the respondent (Cass. Soc., 19 March 2025, No 23-19.154). • Recording: Interviews may be recorded with consent, but written transcripts by a designated person are recommended to reduce stress. If requested by the employee, recording should be allowed. Failure to respect these safeguards may result in chal - lenges to findings, liability for breach of privacy or fairness, or reduced evidentiary value in subsequent disciplinary or judicial proceedings. 5.2 Internal Regulations Where a company has implemented specific internal procedures for conducting HR investigations, these procedures must be respected (framework decision No 2025-019, 5 February 2025). Such procedures may take the form of: • charters; • prevention and action plans; and
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