SWEDEN Law and Practice Contributed by: Robert Stromberg and Malin Dunér, Advokatfirman Cederquist KB
health and safety is at risk, adequate and reasonable measures must be taken to protect them. 4.2 Protection of the Respondent An internal HR investigation should be conducted with consideration of the principles of discretion and confi - dentiality in relation to the respondent, as well as any other individual involved. To ensure this, employers should: • limit the number of persons involved in the investi - gation; • continuously remind participants about the need for confidentiality and discretion – ie, to not discuss the investigation with anyone outside the group; • take precautions such as using code words, pass - word-protected documents, careful email handling and discretion during physical meetings; and • comply with the rules and principles stipulated in the GDPR when processing personal data. It is generally possible for the employer to ask the respondent to temporarily work remotely, or release them from work (with pay). Any such measures taken against the respondent during the investigation must be proportionate, considering the respondent’s poten - tial to return to work without negative effects if they are found not guilty and/or if no other measures or sanctions are required. Any communication regard - ing why the respondent is not at work, etc, should be carefully considered in order to manage any risk of defamation, etc. 4.3 Measures Against the Respondent Employers are generally responsible for the health, safety and well-being of their employees within the framework of the Swedish Work Environment Act (1977:1160) and the provisions issued by the Swed - ish Work Environment Authority. Thus, employers are obliged to ensure that employ - ees are not affected by ill health or exposed to other safety risks. If the respondent may pose a safety risk or otherwise expose other employees to a risk of ill health, or if there is a risk of evidence being destroyed or tampered with, or of witnesses being unduly influ - enced, employers are able to take temporary meas - ures such as:
• releasing the respondent from work (with pay); • issuing orders to work remotely; • not allowing participation in a meeting or work trip; and • not allowing contact with a certain colleague (or any colleague) while an investigation is ongoing, etc. It is important that such measures are necessary and proportionate, and they should be in place for as short a period as possible. Other permanent or more severe sanctions, such as warnings, redeployment or dismissal, shall be taken after the investigation has concluded and must com - ply with the Swedish Employment Protection Act (1982:80), as well as any applicable collective bar - gaining agreement. 4.4 Protection of Other Employees An employer is obligated to take measures to pre - vent sexual harassment, harassment due to a pro - tected characteristic, bullying and/or victimisation in the workplace. Additionally, according to the general responsibility to protect employees from ill health and other safety risks pursuant to the Swedish Work Envi - ronment Act (1977:1160) and the provisions issued by the Swedish Work Environment Authority, there might be a need for measures to protect employees other than the reporter and the respondent. Employers are also obligated to protect employees who participate in reporting under the Whistleblowing Act (2021:890), or who have participated in investigations relating to har - assment or sexual harassment under the Discrimina - tion Act (2008:567). Failure to protect employees from ill health, safety risks or retaliation may lead to fines, or an obligation to pay damages and/or discrimination compensation. 5. Procedural Requirements and Proof 5.1 Requirements With the exception of the formal rules governing whis - tle-blower reports – ie, protection of identity, report - ing, confirmation of receipt, feedback etc, under the Whistleblowing Act (2021:890) – Swedish law does not impose any requirements for specific procedural
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