Immediate Steps and Crisis Management Overview

Organisations are now operating in a heavy regulated environment where there is increased focus on corporate responsibility and individual accountability. In such an environment, investigations may need to be undertaken urgently, so it helps to have a defined set of investigation triggers (e.g. escalated reports, certain formal grievances, whistleblowing reports, and certain inquiries from regulators, stakeholders and media). It is prudent for large corporate organisations and public bodies to have a standing crisis team to manage internal investigations and to have written investigation procedures or guidelines.

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Immediate protective action can be necessary when a serious anomaly, allegation or suspicion arises. This can include:

• Pursuing and freezing the ‘money trail’ and preserving records in cases of suspected fraud
• Pre-disciplinary administrative suspension where an employee appears to be an unreasonable risk to colleagues’ or the organisation’s welfare
• Reporting certain suspected crimes to the Gardaí, bearing in mind risk of withholding information offences (e.g. Section 19 Criminal Justice Act 2011)
• Reporting certain suspected regulatory breaches to a regulator
• Immediate remediation or risk reduction action (without admission of liability) where there appears to be a danger to health, property or the environment

Once critical immediate action has been taken, attention can turn to structuring an internal investigation or designing a response plan to an external investigation, as appropriate, to ensure the best outcome for the organisation.

We can help. Our experienced team can assist your organisation in preparing suitable policies and procedures so that if and when an investigation commences you are ready. At a time of crisis our team will work alongside you and support you in navigating the first critical steps at the start of the investigative process.