Bo&cie Survey

Internal Investigations

Faced with allegations of moral or sexual harassment, sexist acts, violence at work, discrimination or violation of the principle of equal treatment, employers are required to react diligently and methodically.

BONNIER SAINT-FELIX created the cell Bo&cie Survey dedicated to the conduct of internal investigations and administrative investigations. Led by Alexia Boursier, who has developed specific expertise in the mechanisms of violence as part of the DU Violences aux femmes (Paris 8), Bo&cie Survey brings together investigating attorneys experienced, who have been conducting surveys for several years.

The investigating lawyers of Bo&cie Survey Are legal experts in the field of psychosocial risks, moral or sexual harassment, workplace violence, sexist or sexual acts, discrimination and unequal treatment.

They are trained in active listening, speech collection and hearing techniques. They are well-versed in evidentiary requirements and the conditions for the admissibility of testimonies and investigation reports.

The internal investigation, whose development was driven by case law before being established by the legislator with the Sapin 2 law, has emerged as an essential tool for managing corporate social and legal risks.

The purpose of the internal investigation is to verify the reality and the materiality of the facts reported or suspected in order to analyze the situation globally in order to decide on the appropriate response to be provided by the employer.

To guarantee the rigor and impartiality of the process, companies choose to entrust these investigations to legal professionals outside their structure. A lawyer, in his capacity as a judicial officer, is distinguished by his ability to conduct these investigations independently, with a perfect command of the concepts of moral or sexual harassment, sexist or sexual acts, discrimination, discriminatory harassment, discriminatory harassment, unequal treatment, as well as the rules of evidence applicable before civil and administrative courts.

Areas of intervention:

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Establishment of a system for alerting, collecting and processing reports

In private companies, the National Interprofessional Agreement of 26 March 2010 relating to psychological harassment and violence at work, invites the employer to set up a system for collecting reports and” an appropriate procedure for identifying, understanding and dealing with workplace harassment and violence ”.

In the public service, Decree No. 2020-256 of 13 March 2020 (codified in article L. 135-6 of the General Civil Service Code) requires the establishment of a reporting system that has” with the aim of collecting reports from agents who consider themselves victims of intentional attacks on their physical integrity, of an act of violence, discrimination, moral or sexual harassment, sexist acts, threats or any other act of intimidation and to refer them to the competent authorities in order to accompany, support and protect victims and to deal with the facts reported. This device also makes it possible to collect reports from witnesses of such actions. ”.

Bo&cie Enquiry advises and supports companies in:

the establishment of alert systems (ethical alert/Sapin II/harassment/psychosocial risks etc.)
managing and processing alerts
Whistleblower status

Conducting internal investigations and administrative inquiries

Bo&cie Enquest carries out internal and/or administrative investigations in private companies of all sizes, associations, public institutions and public authorities.

Our investigative lawyers intervene in sensitive situations, applying a rigorous and structured methodology in accordance with:

legal requirements (in particular from the Sapin 2 and Waserman laws),
to the probationary rules defined by civil and administrative courts, which are constantly evolving,
the ethical obligations of lawyers and the guidelines set out in the “Vademecum for lawyers in charge of an internal investigation” adopted by the National Council of Bars and Law Societies (https://www.avocatparis.org/conseil-de-l-ordre/annexe-xxiv-vademecum-de-lavocat-charge-dune-enquete-interne-0), and
to the recommendations of the Defender of Rights, resulting from Framework Decision No. 2025-019 of 5 February 2025 on discrimination and sexual harassment in public and private employment (https://www.defenseurdesdroits.fr/recueil-et-traitement-des-signalements-de-discrimination-et-de-harcelement-sexuel-dans-lemploi-le).

Bo&cie Enquest conducts each investigation mission in strict compliance with the rights of the persons heard, with constant attention paid to the traceability of actions, the fairness of the processes and the legal security of the system implemented:

Independence vis-a-vis the parties
Advanced and recognized expertise in the field psychological or sexual harassment, workplace violence, sexist or sexual acts and discrimination
Impartiality and objectivity in the analysis of the elements collected
Loyalty and delicacy in conducting interviews
Confidentiality Absolute of the information collected

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Support and security of investigations conducted by the employer and/or staff representatives

Bo&cie Enquest assists companies in organizing and securing surveys conducted jointly by the employer and staff representatives, in particular in the event of CSE alerts:

Alert in case of violation of the rights of individuals (C.tr., art. L.2312-59)
Alert in case of serious and imminent danger (C.tr., art. L.4131-2)

We advise and assist you at all stages of processing the report:

Collection and processing of alerts/reports
Elaboration of the survey methodology
Constitution of the Commission of Inquiry
Identification of persons to be auditioned and organization of auditions
Preparation of hearing minutes and management of confidentiality/anonymization
Writing the investigation report

Communication of the investigation report and follow-up to be taken

Avocat formateur : formation à la conduite d’enquêtes internes

BO&Cie Enquête forme les acteurs de l’entreprise à la conduite d’enquête : méthodologie d’enquête, obligations liées au statut de lanceur d’alerte, techniques d’entretien, posture de l’enquêteur, écoute active, recueil de la parole, collecte d’informations, constats et diagnostics, gestion de la confidentialité, élaboration des comptes-rendus d’entretien, rédaction du rapport d’enquête.