Ultimately, most investigations within an organisation will spend a considerable amount of time considering the actions (or inactions) of individual employees. A delicate balance must be struck between the need to ascertain what may or may not have happened, and the need to ensure that an organisation complies with its obligations as an employer.
A multitude of issues arise in the context of employee interviews. Can the employees be interviewed as part of the internal investigation, and if so under what conditions? Should the employee be offered the opportunity to take independent legal advice? Do Works Council and/or Trade Unions have a right to participate or be informed?  Must employees be informed of the scope and content of the investigation? Is there a right not to incriminate oneself? What other rights and/or duties does an employee have during an internal investigation and how can any rights be exercised? In certain jurisdictions, employees can be suspended at the outset of the investigation; is this possible in multi-international investigations? 
Once the internal investigation and any disciplinary proceedings are complete, the company will need to decide on the appropriate disciplinary sanction.

The Panel will consider the complex employment law considerations that are engaged in any internal investigation.