FRANCE Law and Practice Contributed by: Eva Kopelman, Ségolène Cox and Alexis Alié-Sandevoir, Axipiter
However, the law requires certain serious matters be reported as soon as they come to the attention of any individual, such as: • crimes whose reporting may prevent or limit their effects, or prevent further offences (eg, murder, rape, torture, terrorism); and • abuse, mistreatment, or sexual assault against minors or vulnerable individuals (for example, assault on a pregnant colleague or an employee accessing child pornography). In these cases, the employer should provide the authorities with the established facts and any infor - mation necessary for them to take appropriate action. Failure to comply with these reporting obligations may result in criminal sanctions, including up to three years’ imprisonment and fines of up to EUR45,000 (Articles 434 1 and 434 3 of the French Criminal Code). 6.7 Other Communications In practice, limiting communication of the conclu - sions of an internal HR investigation to the reporter, the respondent, and, where applicable, members of the CSE is generally recommended. Information shared is usually confined to the conclu - sions themselves and any resulting measures, without disclosing the identities of witnesses or other confi - dential details, in order to preserve privacy and main - tain the integrity of the investigative process. Com - munication to other team members or colleagues is typically avoided to prevent gossip, retaliation, or breaches of confidentiality. 6.8 Disciplinary Measures If the allegations are substantiated, the employer may impose disciplinary measures on the respondent. The sanction must be effective, proportionate, and dissua - sive, taking into account the employee’s disciplinary history. Where harassment or discrimination is con - firmed, French case law supports dismissal for serious misconduct ( faute grave ) of the employee responsible. If the allegations are not substantiated, the employer generally does not take disciplinary action against the respondent. However, if the reporter acted in bad faith
or knowingly made false allegations, the employer may consider proportionate disciplinary measures against the reporter. In all cases, under Article L.1332-4 of the French Labour Code, any disciplinary sanction must be imposed within two months from the date the employ - er becomes aware of the facts – ie, from the closure of the investigation. Before taking any action, the employer should assess whether additional investigations (or counter-investi - gations) are necessary, particularly if disputes remain regarding the findings. This ensures procedural fair - ness and helps reduce the risk of legal challenges. 6.9 Other Measures In practice, even when an internal HR investigation does not substantiate allegations of harassment, there may still be ongoing tensions or interpersonal conflict between the reporter and the respondent. Employers typically implement measures aimed at restoring a positive work environment and preventing further issues. Such measures may include: • mediation between the parties to facilitate dialogue and resolve misunderstandings; • support, coaching, or training for managers to strengthen conflict management and improve team dynamics; • organisational or team-building initiatives to rein - force collaboration and cohesion; and • enhanced monitoring or follow-up to ensure the workplace climate remains constructive. These measures are often recommended regardless of whether the allegations are substantiated, as they help maintain a respectful and safe work environment, reduce the risk of future disputes, and demonstrate the employer’s proactive approach to managing work - place relations.
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