When Must Employers Launch Investigations?

Employers are increasingly confronted with allegations of misconduct, regulatory breaches or inappropriate workplace behaviour that require careful assessment. Legal obligations to conduct internal investigations vary significantly between jurisdictions: some countries impose statutory duties while others rely on case law or good practice principles.

This overview provides a short guide to the key requirements and common practices in four major European jurisdictions. The different ways in which each of them deal with investigations should provide a useful overview for employers on how to navigate these issues effectively.

Netherlands

There are no statutory rules on conducting investigations, so an employer is never required per se to conduct an investigation. However, in cases of misconduct that may warrant a summary dismissal for cause, it is common practice to conduct an investigation into the alleged misconduct. Misconduct may constitute a reason for