SWEDEN Law and Practice Contributed by: Robert Stromberg and Malin Dunér, Advokatfirman Cederquist KB
The persons conducting the interviews are typically the same as the investigators, and they should, in addition to being objective, possess adequate senior - ity, experience and knowledge of interview situations and the matter subject to investigation. Typically, it is also more appropriate for the person conducting interviews in highly sensitive cases, such as sexual harassment, to be of the same gender as the person who is alleged to have been subjected to improper behaviour. 3.5 Neutral Party Swedish law does not stipulate any direct prohibition against a neutral person participating in interviews in an HR internal investigation. If a neutral person is to participate for any reason, it is important to maintain the principles of discretion and confidentiality. 3.6 Support Person and/or Lawyer In general, there are no obstacles to interviewees bringing a support person or lawyer with them to the interview if they so wish. In the case of an interview with the reporter or another person subject to any mis - conduct, the presence of an unbiased support person can also be valuable, as it can help the interviewee feel more comfortable. Normally, a respondent would not bring a lawyer or other legal representative unless they request this specifically. If the investigation is conducted by an external lawyer, he or she will encourage the respond - ent to bring legal representation as this is stipulated in the Swedish Bar Association’s Code of Conduct. It is important to ensure that an interviewee’s request to bring a support person or lawyer is not used to delay the investigation or otherwise negatively affect its efficiency. 3.7 Information It is recommended that the interviewers begin by introducing themselves and explaining their role, the purpose of the investigation, any investigative obli - gations on the part of the employer and the role of the interviewee in the investigation. If whistle-blow - ing rules apply, the employer’s obligations under the Whistleblowing Act (2021:890) regarding confidential - ity, protection, reporting requirements, etc, may be mentioned.
Furthermore, the interviewee should be informed about the process going forward and how any poten - tial follow-up will be disclosed to the individuals concerned. If an external lawyer is conducting the investigation or interviewing, the interviewee should be informed that the lawyer in question does not rep - resent them, as this is stipulated in the Swedish Bar Association’s Code of Conduct. It may also be useful to provide information about practical details such as possible recording, signing of statements, etc. The interviewee should also be asked, or reminded, to exercise the utmost discretion regarding information they are already cognisant of or learn of via the inves - tigation. The GDPR stipulates a general right to be informed about the collection and processing of personal data, including in connection with the interview (Articles 12 and 13). However, such information is in most cases provided in advance through the employer’s privacy notice if the interviewee is an employee. If so, no spe - cific information needs to be provided to the inter - viewee. 3.8 Stopping the Interview Employees are in general obligated to participate in interviews within the scope of internal investigations conducted by their employer. This falls within the employer’s right to lead and manage the work. It is normally not a problem to give an interviewee a short break during the interview and resume the interview thereafter. The employer’s responsibility for the work environment includes ensuring the well-being of their employees following the Swedish Work Environment Act (1977:1160) and the provisions issued by the Swedish Work Environment Authority. If an interviewee, without legitimate reasons, refuses to resume the interview despite the employer’s instruc - tions, the employer may draw reasonable conclusions from such refusal. If necessary, the employer may also take appropriate disciplinary measures against the employee. 3.9 Minutes Minutes or similar may be taken during interviews in an HR internal investigation. However, there are no formal requirements under Swedish law for such min -
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