This will enable the witness’ answers to be tested during the process. – Employers need to be aware that in exceptional cases it may be necessary to allow the employee to cross-examine witnesses at … That may include any witness statements, written evidence (including emails), images, etc. During the disciplinary hearing, witness statem… Ok, so we did the Conducting a Disciplinary Procedure – Back to Basics article back in November with the trickier aspects to follow but we have been exceptionally busy over the past few months so we are only getting an opportunity to add the second instalment now. That may include any witness statements, written evidence (including emails), images, etc. CUT was not willing to wait. At the hearing, each witness is asked to ‘swear’ or to ‘affirm’ that their statement is true and correct. A witness statement is a document that sets out the evidence a witness, including you, will give at a hearing. Who should investigate and/or chair? This defensive packet should include copies of all documentary evidence, witness statements, applicable policy, and the inmate’s personal written statement to the hearing body. Very often, it emanates from the fact that trade unions, or the respondent’s legal adviser, will demand to be given copies of any witness statements or other evidence in the possession of the employer, prior to the disciplinary hearing. Contracts should be reviewed and revised if they do not include this right. What evidence needs to be provided; are statements required? If the employee is absent or off sick for the disciplinary hearing, the employer should pause the disciplinary procedure until they return to work. Dentons United Kingdom July 8 2020 Case update: Tai Tarian Limited v Howell Wyn Christie. As part of a fair disciplinary hearing, all evidence against the employee should be presented. where there are several witness statements from different employees, preparing a summary of the information contained in the statements. Page 5 Information for witnesses When does the hearing take place? They are not intended either as a substitute for professional advice or judgment or to provide legal or other advice with respect to particular circumstances. Determine the use of opening and closing statements at the hearing in consultation with each side and notify the parties of such. Firstly, it must be remembered that the disciplinary hearing is an internal matter - the disciplinary hearing is not a court … In addition, they should be allowed to “raise points about” information given by a witness. Where a disciplinary investigation results in the decision to proceed to a disciplinary hearing, the employer should provide the employee with copies of any witness statements and other written evidence that will be referred to in the hearing. It is not a process to be taken lightly. This will be the case if the Tribunal believes the recording is relevant. The Acas code of practice on disciplinary and grievance procedures, which is taken into account in relevant tribunal proceedings, states that it would normally be appropriate to provide the employee with copies of any written evidence with the notification of the disciplinary hearing. The employer (CUT) intended to proceed with disciplinary action on several unrelated charges. The statements were subsequently used by opposing counsel at the hearing to cross-examine some of the witnesses. The non-statutory guide that accompanies the code states that the employer should give copies of any meeting records to the employee, but states that protecting a witness is an example of a circumstance in which withholding information may be appropriate. Where an employer or employee intends to call relevant witnesses they should give advance notice that they intend to do this.”. This could be due to a condition which existed prior to the disciplinary commencing or as a result of the health strain of going through a disciplinary process. However, where an employee repeatedly seeks to postpone a rearranged meeting or simply fails to attend without good reason, a decision can in some cases be taken in the employee’s absence. Where a disciplinary investigation results in the decision to proceed to a disciplinary hearing, the employer should provide the employee with copies of any witness statements and other written evidence that will be referred to in the hearing. At paragraph 45 Basson J expressly stated that “it is possible to proceed with a disciplinary hearing on the basis of written statements in circumstances where the … The employer should not automatically refuse to disclose a document if a third party, for example a colleague who has given a witness statement, does not consent to it being released.
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