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Guidance

for

Witnesses

Guidelines for delivering information as a Witness

‘Witness’ is a general term incorporating those that may have either witnessed an event or be able to provide information/knowledge relating to an issue/subject.

Witness evidence often forms part of the bundle of evidence considered at a hearing/grievance meeting or appeal hearing, and witnesses are on occasions required to give evidence within such forums.

Witnesses may also be asked provide assistance during investigations. In eachcase, the witness will be briefed as to the process that will follow, either by an appropriate manager, investigative officer, the employee who is subject to formal action or that employee’s trade union representative.

Witnesses play an important role in clarifying any points of fact previously raised during an investigation, and may be asked to answer questions relating to their evidence/information.

During a formal hearing any questions put to a witness will be via the Chair of the hearing panel and all parties to the process are required to treat witnesses with courtesy and respect.

As a witness you are there as an independent party, to provide factual information [and not for example in the case of a capability issue, to provide an assessment as to another employee’s ability (whom you do not line manage) to effectively perform their duties]. This can be provided either via an interview with an investigating officer, a written statement and/or by attending a formal hearing/meeting.

Witnesses will not normally have the ability to be accompanied during any investigation or hearing process. However, reasonable support in relation to a disability or language skills (e.g. where English is not your first language), will be considered if raised in advance of the meeting/hearing.

Any statement provided by a witness will be treated as a confidential document. However, managers will not be able to give an absolute guarantee of confidentiality because:

  • the employee who is the subject of the investigation will, in most cases, have the right to see the witness statement; and
  • employment tribunals and courts may order the disclosure of documents, irrespective of whether or not they are confidential.

Prior to disclosing a witness statement the investigator will either request consent from the author of the statement to disclose it to the employee, or exceptionally take steps to make the document anonymous before disclosing it. Ultimately, managers will make a reasoned decision about whether or not to disclose a witness statement. This will involve balancing the witness's right to privacy against the employee's right to know what information is held about him or her.

Attending a Hearing/Meeting

The manager(s)/investigating officer(s) will be interested in what you have to say, therefore, if you are called to attend a formal hearing/meeting, below are some useful tips:

  • Listen carefully to the question and if you do not understand, do ask for it to be repeated or clarified.
  • Take your time to consider the question; it is important not to feel rushed into answering.
  • If you are unable to remember certain facts, just say so.
  • If you need additional time to think, do say as this can be provided.
  • You may like to bring along notes to help you recall the events.