SWEDEN Law and Practice Contributed by: Robert Stromberg and Malin Dunér, Advokatfirman Cederquist KB
In general, an investigation should be concluded when sufficient and adequate evidence has been obtained to allow conclusions to be made. The general require - ment of urgency should always be taken into account with regard to those involved. 6.2 Procedure for Ending an HR Internal Investigation Apart from the rules on reporting back to the reporter within three months, as set out in the Whistleblow - ing Act (2021:890), there are no procedural rules on concluding an HR investigation. However, it is com - mon practice, and recommended, to report back to the reporter and the respondent with a summary of the investigation’s findings and any measures that will be taken as a result. It may also be advisable to report back to any witnesses that the investigation has been concluded and thank them for their participation, but no further details should be given to them in view of the requirements of discretion and confidentiality. 6.3 Conclusion There are generally no explicit rules governing the form of any conclusions drawn from the internal HR investigation. For investigations of sexual harass - ment or harassment following the Discrimination Act (2008:567), it is recommended that the investigation be documented in writing, and the investigator is obli - gated to conclude whether sexual harassment or har - assment has occurred or not. For other HR internal investigations, it is generally preferred, and recommended, to draft written reports as these have practical benefits, such as in reporting back to company stakeholders or serving as evidence in case of legal claims. 6.4 Reports There are no rules governing the content of reports in Sweden. The structure of a report depends on the circumstances of the individual case, but in general its format should be based on the purpose/subject of the investigation and its scope, whether highly sensitive information is being handled and who the recipient of the report is. If, for example, the report concerns a crime or other complex subject, or involves extensive evidence, it will usually be more comprehensive than
a report that concerns sexual harassment or victimi - sation. If a written report is to be used, it is generally recom - mended that it contains the following: • a description of the scope of the investigation and its background; • a description of how the investigation was con - ducted – ie, the methodology followed; • a summary of the interviews and other factual find - ings, such as written evidence and the documents reviewed; • conclusions; and • the recommended measures going forward (if any). 6.5 Information Referring to 6.2 Procedure for Ending an HR Internal Investigation , the reporter and respondent should be provided with the result of the investigation. Due to the principles of discretion and confidentiality, it is gener - ally not advisable to provide the reporter and/or the respondent with an entire written report. Instead, they should be provided with an oral or written summary of the findings, the conclusions and the measures rec - ommended going forward (if any). 6.6 Communications to Authorities Typically, private employers are not obliged to report the results of an internal HR investigation to the Swed - ish authorities. However, if the results of the investi - gation reveal, for example, crimes relating to money laundering, these must be reported to the Finance Police and Swedish Financial Supervisory Authority, as stipulated in the Money Laundering and Terrorist Financing Prevention Act (2017:630), and any severe cases of ill health or workplace accidents must be reported to the Swedish Work Environment Authority in accordance with the Swedish Work Environment Act (1977:1160). Public employers may be subject to reporting obligations, for example with respect to grievances related to healthcare. For information about police reports, see 8.4 Criminal Cases . 6.7 Other Communications Given the principles of discretion and confidentiality in relation to the parties involved in the investigation, the conclusion and result of an HR internal investi -
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