SWEDEN Law and Practice Contributed by: Robert Stromberg and Malin Dunér, Advokatfirman Cederquist KB
3. Interviews and Fact-Finding 3.1 Interviewees The persons interviewed within an HR internal inves - tigation are typically: • the person making the allegations or who has been subject to misconduct – ie, the reporter; • any witnesses; and • the accused – ie, the respondent. It is recommended that these persons be interviewed in the order laid out in the foregoing list. This is to ensure that the allegations presented to the respond - ent during his or her interview are as complete as pos - sible. An HR internal investigation should involve the small - est group of people possible to assert the principles of discretion and confidentiality. If several witnesses are identified, all of them should be interviewed as a general rule. However, if a larger number of witness - es are available, the witnesses should be determined with consideration of the aforementioned principles of discretion and confidentiality, together with an assess - ment of whether each individual witness can contrib - ute further to the investigation in terms of evidence. It is, for example, not necessary to interview a witness regarding a circumstance that is indisputable, or for which sufficient evidence has already been obtained. 3.2 Participation Employees are in general obligated to participate in an HR internal investigation conducted by their employer. However, they may refuse due to discomfort, fear of retaliation, etc. The actions recommended against employees who refuse to participate depend on who is refusing and why. For employees with a particu - larly legitimate reason for refusal, typically the reporter or a witness, it is recommended that the employer emphasise the purpose of the investigation, that the investigation will be conducted discreetly, and that the complainant and witnesses have the option of remain - ing anonymous in relation to the accused, but not in relation to the investigator. Such anonymity may, how - ever, be difficult to maintain in practice, as statements can be directly linked to a complainant or witness. If
there is any legal protection against retaliation, the employee should be informed about it. If employees refuse to participate for non-legitimate reasons, they should be informed of their obligation to follow their employer’s instructions; otherwise, this may constitute refusal to work. 3.3 Format Swedish law does not explicitly stipulate the format for HR internal investigations – eg, regarding interviews or the collection of other forms of evidence. Employ - ers should conduct internal HR investigations in the manner that is most suitable in each individual case. Any interview conducted must, however, comply with: • the rules regarding confidentiality and protection of reporting persons, as stipulated in the Whistle - blowing Act (2021:890); • the health and safety regulations in the Work Environment Act (1977:1160) and the provisions regarding Planning and Organisation of the Work Environment Management (2023:2) issued by the Swedish Work Environment Authority; and • the procedure for processing personal data under the GDPR. Further, the principles of objectivity, discretion and confidentiality should always be considered. Interviews can be carried out remotely via digital plat - forms such as Teams, although interviews in person are, as a general rule, preferred and recommended. 3.4 Interviewers There are no explicit rules regarding the number of interviewers, but for practical reasons, there should generally be two people conducting the interviews. This facilitates the taking of notes, asking of appropri - ate and adequate questions and, where necessary, avoidance of ambiguous or unclear statements, mis - understandings, etc. The latter can be facilitated by recording the interview; please see 3.10 Recording . Having more than two interviewers is typically not recommended, as the interviewee may perceive the situation as unbalanced and more uncomfortable than necessary, which could negatively affect the interview.
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