SWEDEN Law and Practice Contributed by: Robert Stromberg and Malin Dunér, Advokatfirman Cederquist KB
and impartial persons or functions that have been assigned to manage the channel in accordance with the Whistleblowing Act (2021:890). As HR internal investigations should be conducted with discretion and objectivity, it is recommended that an unbiased company representative with adequate knowledge be appointed to conduct the investigation. This is typically an HR representative or equivalent, but could also be another appropriate representative depending on the circumstances at hand. External counsels are generally recommended, espe - cially in investigations that are complex, comprehen - sive or in any other way require an investigator with legal knowledge and experience. Other forms of exter - nal help could be required if the investigation neces - sitates expertise in accounting (ie, in case of suspicion of economic misconduct) or computer forensics (ie, if there is a need to investigate computers, emails, etc) to obtain evidence. Furthermore, an external investigator should always be engaged if there is a risk that the objectivity of an internal investigator could be questioned. Employers are not prevented from engaging an employment law - yer that the company uses as an external investigator. The employment lawyer is also not prohibited from representing the employer in any disputes or other claims against the company that may occur after the investigation is conducted. 1.5 Obligation to Carry Out an HR Internal Investigation An investigation must always be carried out when the employer receives: • a whistle-blowing report within the scope of the Whistleblowing Act (2021:890); • information about an employee feeling harassed due to a protected characteristic, or being sexually harassed by a colleague or someone who performs work for the employer in accordance with the Dis - crimination Act (2008:567); or • information about potential victimisation or bullying leading to ill health at the workplace in accordance with the Work Environment Act (1977:1160) and the Planning and Organisation of the Work Environ -
ment Management (2023:2) provisions issued by the Swedish Work Environment Authority. 1.6 Prohibition on Carrying Out an HR Internal Investigation Generally, Swedish law does not prohibit HR internal investigations. However, if the investigation concerns suspected money laundering or financing of terrorist activities, the employer may be prohibited from alert - ing the suspect as to their suspicion, and thus from carrying out an internal investigation in accordance with the Money Laundering and Terrorist Financing Prevention Act (2017:630). In such cases, the employ - er must instead report their suspicions to the relevant authorities. 1.7 Other Cases It is recommended that employers, at their own dis - cretion, investigate all circumstances, irregularities or similar issues that may result in the employer having to impose labour law sanctions such as dismissal or termination. Such sanctions/measures require legal grounds to be permissible, and a well-conducted investigation should form the basis therefor. A well- conducted investigation may also constitute evidence in disputes or claims with the employees concerned. 2. Initial Steps 2.1 Communication to the Reporter and the Respondent A reporter that submits a reports through the employ - er’s whistle-blowing channel within the scope of the Whistleblowing Act (2021:890) is entitled to receive confirmation of receipt of the report within seven days, as well as information about any follow-up action within three months. For reports made outside of the whistle-blowing chan - nel, there is no explicit statutory right to be informed about an investigation. The reporter, should, however, be promptly informed as to whether the employer has initiated an investigation, as well as about the process going forward. The reporter should also be informed about the conclusion of the report as well as any measures taken, or that will be taken, as a result of the investigation. The person who is subject to the
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