UK Trends and Developments Contributed by: Steven Cochrane, Hannah Netherton, Anna Cope and Gillian MacLellan, CMS
Introduction Workplace investigations are no longer a routine HR exercise. They are facing heightened scrutiny, includ - ing from regulators who are paying more attention to the ways in which investigations are carried out from a governance and ethics perspective, particularly by in-house legal teams. This has led to investigations increasingly becoming a cross‑functional undertaking involving stakeholders from Legal, HR, Compliance and Communications, especially where the stakes are high and sensitive matters of culture, conduct and governance are concerned. Businesses nowa - days often seek independent review or investigation to avoid conflicts of interest and to ensure objectivity, impartiality and integrity in the output. While beneficial in some respects, the developing trend for “Maxwelli - sation” – giving those under investigation a chance to respond to adverse findings before a report is finalised – can, however, compromise objectivity and under - mine the investigation process. It can be difficult to strike a balance between fairness (especially where senior stakeholders are concerned) and the need for a timely, clear and authoritative report that holds par - ties to account. The risk landscape for workplace investigations is also evolving because of an increasing focus on tackling sexual harassment in the workplace and legal and reg - ulatory restrictions on the use of confidentiality claus - es or non-disclosure agreements in the UK. Gone are the days when a potential workplace scandal would be “swept under the carpet” or when the knee-jerk reaction to dealing with a disgruntled whistle-blower would be to exit them with a substantial settlement. Businesses and their stakeholders are increasingly focused on culture, which is driving a trend in greater transparency and accountability in tackling workplace issues. The rapid growth of AI use by employees adds a fur - ther layer of complexity to workplace investigations – AI-generated complaints are increasingly common, the burden of review is heavier, and it is harder to assess credibility. It also raises novel data privacy and confidentiality risks, for example, where employees upload company confidential information and per - sonal data to open-source AI tools.
This article explores recent trends and developments in workplace investigations in the UK in 2026. The New Normal? Using External Investigators Boards and senior leaders are placing greater empha - sis on handling sensitive allegations such as racism, sexual harassment, and other serious issues in a way that reflects their organisation’s cultural values and risk tolerance and is demonstrably robust and trans - parent. Ineffective responses to whistle-blowers can result in loss of revenue, material reduction in share price, shareholder unrest, brand devaluation, litigation by employees and/or third parties, unplanned senior exits, regulatory investigation and enforcement action and even parliamentary scrutiny. This change in emphasis has led to a marked increase in workplace investigations involving independent investigation or review by a third party, such as a law firm or barrister with specialist expertise in workplace investigations and familiarity with evidential stand - ards and procedural fairness. The engagement of an external investigator can help to demonstrate that a business took the matter seriously, sought an impar - tial assessment and acted responsibly. This approach also avoids a perception of conflict about who inside the business can credibly investigate and determine the issues free from influence – it gives relevant stake - holders such as employees, customers, regulators and shareholders confidence that concerns have been properly investigated and that decisions are not tainted by bias. Third-party investigators are often better placed to make adverse or sensitive findings by virtue of their relative objectivity, and are therefore less susceptible to internal pressures or organisational politics or dynamics. They are able to follow the evi - dence wherever it leads without fear of retaliation or career consequences. Importantly, the external inves - tigator’s role is often confined to establishing the facts and making findings, with responsibility for decision- making and outcomes remaining with the business, which can help to preserve appropriate governance and accountability. This trend has been accelerated by the focus on whis - tle-blowing and non-financial misconduct in heav - ily regulated sectors such as financial services and healthcare, and an ESG-driven emphasis on culture,
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