On Employment: navigating workplace investigations, privilege, and privacy

Episode 1: Workplace investigations have never been more legally complex. Employees today are acutely aware of their procedural rights and more likely to challenge the integrity and fairness of the process, especially when the outcome does not go in their favor. Every phase of an investigation is now potentially subject to legal scrutiny, and a misstep at any point can unravel an otherwise well-founded process.  Sarah Henchoz, global head of employment litigation at A&O Shearman, shares her insight and best practice guidance on how to design and run investigations that will withstand challenge.   What does a legally defensible investigation process look like in practice? How should employers handle the intersection of confidentiality, employee privacy rights, and legal professional privilege, particularly when communications between HR and legal teams become relevant? And how do you manage a process that is simultaneously fair to the subject and robust enough to produce a defensible outcome?  HR professionals and in-house counsel responsible for managing or overseeing workplace investigations will leave this episode with a clearer understanding of where investigations typically go wrong, and the specific steps to reduce that risk from the outset.  On Employment delivers timely insights and practical guidance on the fast-evolving world of employment law. Each episode explores key legal developments, workplace trends, and HR strategy challenges—from investigations and litigation risk to diversity, hybrid working, and regulatory change. Designed for business leaders, HR professionals, and in-house counsel, the series offers expert perspectives to help organizations navigate complexity and foster resilient, compliant workplaces.       Related content:  Internal investigations: understand how legal and regulatory developments change the calculus around privilege and data privacy Navigating the challenges of sensitive workplace investigations: Tips and techniques