Witnesses can give important evidence to help decide the outcome of a disciplinary or grievance case.
If witnesses have relevant information, the person investigating can gather this by either:
- asking them to write a witness statement
- holding a meeting to discuss what they know or saw
If there's a meeting, someone should take notes. At the end of the meeting, the witness should review and sign the notes. These notes can then be used as a witness statement.
Taking a witness statement
A witness statement is usually a signed copy of the notes from an investigation meeting.
The witness should be given an opportunity to check their statement. Once they have done this, they should sign the statement to confirm it is accurate.
The person investigating might decide a witness can give a statement without having a meeting. For example, if the witness:
- does not work for the organisation (for example, a customer or client)
- only needs to give very basic information
- is ill and cannot come to an investigation meeting
The person investigating should ask the witness to write:
- their name and, where applicable, job title
- the date, place and time of any relevant issues
- what they saw, heard or know
- how they were able to become aware of the issues
- answers to specific questions, if needed
- the date and time of writing their statement
- their signature
The witness should have reasonable time to give the statement.
Changing witness statements
A witness should be allowed to amend their statement. They should sign any changes they make.
If an investigator believes the changes contradict what was first said, they might note this. They could also include both statements in their report.
If a witness refuses to sign a statement
If a witness refuses to sign their statement, an investigator should try to find out the reason and resolve the issue.
If they cannot resolve it, an investigator should still include the statement in their report. But they should state that the witness refused to confirm it accurately reflected the meeting.
Talking to a large number of witnesses
If a large number of people witnessed the same incident, the person investigating should:
- talk to some of the witnesses
- check whether they're broadly saying the same thing
The person investigating does not have to talk to all witnesses, unless either of the following apply:
- they feel they're not getting enough information
- there are significant differences in what the witnesses say
Reluctant witnesses
Some witnesses might be reluctant to provide evidence for an investigation.
In this situation, an investigator should:
- explore the reason a witness is reluctant to give evidence
- provide reassurance
- try to resolve any concerns they have
Where possible, investigators should avoid anonymous witness statements. This is so the person under investigation can fairly question any evidence against them.
An investigator should only make a witness statement anonymous in exceptional circumstances. For example, if a witness genuinely fears revenge action. The investigator should explain that employers might have to share witness names if there are legal proceedings.
Where anonymity is agreed, the investigator should carry out the interview and take notes as usual. They should then remove any details that could identify the person.
Sharing information and confidentiality
When getting information from a witness, it's a good idea to get their consent to share it if necessary. For example, if other people working on the investigation need to look at the information.
Sharing witness statements
If an employer takes further action, they should give the worker under investigation a copy of written evidence. This might include witness statements.
If an investigation does not lead to further action, the employer can decide whether to share witness statements. If their organisation has a policy on this, they should follow it.
If an employer does not share the statements, the worker under investigation can ask for them. Workers have a right under data protection law (UK GDPR) to request information their employer holds about them.
If a witness statement could identify a third party
An employer can refuse to share a witness statement if it could identify a third party. For example, a customer or client. This is unless:
- the third party agrees for it to be shared
- it would be reasonable to share it in the circumstances
However, an employer should look at alternative ways to share the witness statement. For example, removing names or redacting information.
Accessing information in a report
If someone believes they've been named in an investigation report, they have the right to see any parts that:
- have information about them
- depended on information they gave
They should not be allowed to see private information about other people. This is unless either:
- those people have agreed to the information being shared
- it's reasonable for the employer to disclose the information
An employer should look at alternative ways to share a report that contains private information. For example, removing names or redacting information.
Keeping records
The employer should keep investigation reports, in case there are any questions in the future. How long they keep reports might be set out in a workplace policy.
If the report includes people's details, the employer should store it securely. They should only allow access when necessary. Anyone who has access needs to follow data protection law (UK GDPR).
An employer should securely dispose of the report once it's no longer needed or is out of date. For example, it could be shredded.