Issues for Boards: The investigating NED

The responsibilities of business leaders and corporate boards have expanded beyond traditional strategic oversight. Our Spring 2024 Issues for Boards publication identifies key themes for boards to focus on in the coming year and provides insight to aid directors and general counsels in navigating tricky issues ahead. 
We discuss the evolving expectations of non-executive directors as they are increasingly stepping into the role of workplace investigator, particularly in matters involving senior management. This shift, driven by a rise in internal investigations and a call for independent decision-making, places NEDs at the centre of complex legal, emotional, and ethical challenges. 
In particular, we look at:
  • the evolving role of the NED in this space
  • what is driving the growth in workplace investigations
  • when a NED might be needed to conduct an investigation
  • what is expected from an investigating NED
  • tricky issues and potential liabilities for NEDs

You can read our full Issues for Boards publication here, including articles on related topics such as the rise of generative AI, governance expectations around cyber-attacks, and how boards can drive forward DEI from the top. If you would like to speak to us about any of these issues, please get in touch.