SWEDEN Law and Practice Contributed by: Robert Stromberg and Malin Dunér, Advokatfirman Cederquist KB
gation should not be shared with a wider group of individuals than necessary. There may, however, be reason to report the outcome, or the existence, of an investigation to parties other than the reporter and the respondent. Such persons may be witnesses; it may be necessary to provide more detailed informa - tion, particularly in cases where these individuals have been seriously impacted by the circumstances and need further support from, for example, occupational health services. Depending on the internal guidelines, responsibility and reporting channels, it may be appropriate to report to other responsible parties within the company, such as the board of directors or other stakeholders. When communicating any conclusions regarding the investigation, it is of the utmost importance to assess any such communication beforehand, with considera - tion of the risk of criminal charges for defamation. 6.8 Disciplinary Measures If an internal investigation concludes that an employee has behaved inappropriately or otherwise violated his or her obligations towards the employer, the following measures may typically be taken: • issuance of a written warning; • redeployment; • termination (with notice) due to personal reasons; or • summary dismissal. If dismissal or termination of employment is to be effected, such measure cannot be based solely on circumstances known to the employer more than two months before the dismissal, as stipulated in the Swedish Employment Protection Act (1982:80). However, one aggravating circumstance falling within the stipulated two-month period is sufficient for other, older, circumstances to be permissible as grounds for termination or summary dismissal. Taking any of the measures listed in the foregoing, with the exception of written warnings, requires compliance with the appli - cable rules in the Employment Protection Act or the applicable collective bargaining agreements.
While not a disciplinary measure, note that an employ - er may initiate legal proceedings to claim damages if the internal investigation concluded that the respond - ent was guilty of disloyal behaviour (eg, engaging in competition with the employer’s business, misappro - priating trade secrets or perpetuating theft, fraud or similar actions). 6.9 Other Measures In addition to potential measures directed at a respondent, there may be reason to take a variety of other measures depending on the circumstances of the individual case. • If there are difficulties with co-operation, media - tion should be undertaken to resolve the problems. Even reorganisation measures can be considered if deemed necessary to mitigate any issues. • If the investigation has identified a lack of knowl - edge in areas where the employer is obliged to ensure a certain level of competence, such as with respect to anti-discrimination and the work envi - ronment, measures to improve knowledge may be taken, as well as team-building initiatives. • If the employer has found, during the course of the investigation, that the applicable policies, etc, may be insufficient or otherwise inadequate, it is recom - mended that these be reviewed and, where appro - priate, updated. Swedish employers may generally collect personal data within the framework of an internal HR investiga - tion, provided that this is done in accordance with the rules and principles applicable under the GDPR and the Swedish Act regarding Supplementary Provisions to the GDPR (2018:218). Rules and basic principles to particularly consider include, inter alia, the following. • Having a legal ground for data processing. For HR internal investigations, this could be a legal obliga - tion – eg, an obligation to investigate under the Whistleblowing Act (2021:890) or the Discrimina - 7. Data Protection 7.1 Collecting Personal Data
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