FRANCE Law and Practice Contributed by: Eva Kopelman, Ségolène Cox and Alexis Alié-Sandevoir, Axipiter
mation that is sufficiently detailed to allow for a mean - ingful and fair discussion (Cass. Soc., 27 November 2024, No 23-11.720). This approach may similarly be applied when sharing findings with CSE members. 6.3 Conclusion There are no legal rules prescribing a specific form for concluding an internal HR investigation. In practice, it is standard to formalise the conclusions in a written report. Preparing a written report is considered essential, as it: • ensures a clear record of the investigation and the evidence collected; • provides supporting evidence in the event of a dis - pute or litigation, including regarding the findings of fault and the limitation period for disciplinary action; and • supports any disciplinary or corrective measures that may be taken. 6.4 Reports At the conclusion of an internal HR investigation, it is the responsibility of the employer, as the disciplinary authority, to evaluate the facts and determine whether the allegations constitute harassment, discrimination, or other violations of company policy or law. The French Defender of Rights emphasises that the employer must ensure that the findings do not minimise the facts, blame the alleged victim, or justify discrimi - natory remarks on the grounds of humour or context. Written reports are typically used to formalise the investigation. While there is no legal requirement specifying the exact content, such reports generally include: • a summary of the allegations received; • the context, purpose, and scope of the investiga - tion; • details of the investigative methodology, includ - ing who was interviewed and which documents or evidence were reviewed; • summaries of interviews or other fact-finding activi - ties;
• the findings of the investigation, including the assessment of the credibility of witnesses and the evidence collected; • conclusions regarding whether the allegations are substantiated, partially substantiated, or unsub - stantiated; • suggested next steps or recommendations, which may include disciplinary or corrective measures; and • any limitations encountered during the investiga - tion, such as witnesses refusing to participate. Such reports ensure transparency, demonstrate due diligence, and provide a defensible record of the employer’s actions in the event of legal proceedings. Including recommended next steps is common prac - tice and helps guide the employer in implementing appropriate remedial or disciplinary actions following In practice, it is recommended that employers com - municate only the conclusions of the internal HR investigation to the parties involved, in order to pre - serve the confidentiality of the testimony provided and the anonymity of any witnesses interviewed. French law does not grant parties a right to receive the full written investigation report. Consequently, the employer is not obliged to share the complete report with either the reporter or the respondent. the investigation. 6.5 Information In practice, employers typically provide a summary of the findings or the outcome relevant to the indi - viduals concerned, without disclosing sensitive details about other witnesses or internal deliberations. This approach balances transparency with the need to protect confidentiality and ensure procedural fairness. 6.6 Communications to Authorities In France, there is no general obligation to communi - cate the conclusions of an internal HR investigation to the authorities, particularly because the reported matters usually do not directly involve the employer as a victim.
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