August EWJ 24 - Flipbook - Page 66
tation and intense scrutiny during an investigation.
Every business should take the time to think about
these measures now and put a plan in place. If the
worst should ever happen, the last thing you want to
be is unprepared.
Avoid over-sharing.
In a formal interview, it is human nature to want to
help the investigators and to offer explanations for
why things went wrong. There is absolutely nothing
wrong with proactive co-operation with an investigation. But there is a world of a difference between cooperation and oversharing. You will no doubt be
carrying out your own internal investigation alongside
the formal regulatory investigation. If employees who
are involved in your internal investigation are also
being interviewed by the regulator, make sure they
know that the internal investigation documents are
confidential and very likely to be covered by legal privilege. The last thing you want is for a well-intentioned
employee to offer a copy of the draft internal investigation report to the regulator thinking that it will help
them with their investigation. Again, it may well be
that sharing the report is the right thing to do in the
fullness of time. But only when it is in its final form
and legal advice has been sought on the benefit of its
release.
One of the most effective ways to prepare for the pressure of a regulatory interview is to act out a real-life
scenario, giving your teams an idea of what to expect
in such a case. We are often asked by clients to provide interactive, industry-specific training, conducting
role-plays and providing coaching and feedback, so
that in the event that the worst happens, and you find
yourself subject to an investigation, your team can
manage the situation better.
Authors
Malcolm Gunnyeon - Partner
Clare Bone - Partner & Solicitor Advocate
To contact Clare or Malcolm about training options
visit brodies.com where you can also listen to the
recent health and safety podcast series by Brodies.
wwww.brodies.com
You would be correct to think that none of these
measures is particularly complicated. They are not –
indeed most of them are common sense. However,
uncomplicated, common-sense steps become incredibly challenging in the face of demands for documen-
If you require an expert call the Expert Witness
free telephone searchline on 0161 834 0017
EXPERT WITNESS JOURNAL
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AUGUST 2024
