In a ruling dated 14 January 2026 (Cass. soc., 14 January 2026, N° 24-19.544), the French Supreme Court confirmed that there is no legal requirement for an employer to conduct an internal investigation following allegations of sexual harassment.
- Background
An employee was dismissed for gross misconduct after several colleagues reported him for sexual assault and sexual harassment. The employee brought his case before the Employment Tribunal to challenge the termination of his employment contract.
He argued that the employer had not conducted an internal investigation
- Decision of the Court of Appel
The Court of appeal ruled in favor of the employee considering that, because of the absence of an internal investigation, the alleged facts were not sufficiently established.
According to the Court, the benefit of the doubt had to go to the employee.
- French Supreme Court’s decision
The French Supreme Court overturned the ruling.
It recalled that, in employment matters, no legal text requires an employer to initiate an internal investigation after a report of sexual harassment and that the principle of free evidence therefore applies.
Consequently, the absence of an internal investigation cannot render witness statements, attestations, or other evidence produced by the employer invalid.
From a practical standpoint, while an internal investigation is recommended (as it can help the employer to assess the facts and take appropriate measures), its report is just one piece of evidence among many.
Consequently, an employee dismissed for gross misconduct cannot claim that the dismissal is unfair based solely on the absence or irregularities of an internal investigation.
- Practical takeaway
The absence of an internal investigation may still be criticised by the plaintiff.
It can constitute a breach of the employer’s duty of care unless it can demonstrate that sufficient measures were taken to protect its employees’ health and safety.
