![]() Basing a decision solely on anonymous statements is unlikely to be reasonable and advice should be taken from your HR Rely advisor if you are left in this situation. For example, is the reluctance of the informant to put a name to the statement due to a lack of genuine belief in that statement or could there be another ulterior motive? Any investigating officer or disciplinary officer should demonstrate and record that they have considered this point and that they have given appropriate weight to the evidence accordingly. If this is not the case, the employer must question whether the request for anonymity casts doubt on the credibility of the evidence. If there is a real and legitimate fear of physical reprisal for making the statement anonymity may be the only reasonable way of persuading them to give evidence. If an employee requests anonymity, the reason behind their request should be closely analysed. However, you should make sure that witnesses understand why and how the statements are to be used and that they may be disclosed to the person accused as part of the disciplinary process. ![]() To encourage employees to put their name to their witness evidence, you must ensure that, as an employer, you honour the confidentiality requirement and take all reasonable measures to ensure that the informant is not subject to any detriment for making the statement. In many cases this will cause little problem as most employees will feel ‘duty bound’ to cooperate. Such statements should be taken in private and the need for confidentiality should be expressed to all parties involved in the matter. When should an anonymous statement be taken?Īt first instance, all witnesses should be approached with the intention of taking named, signed statements. Safeguards should be put in place to balance the need to protect certain informants against the need for a fair and transparent investigation. Whilst anonymous statements may be taken to protect the identity of these individuals, care must be taken to ensure that the reason for requesting anonymity does not impact on the credibility of the evidence. Unfortunately, not all witnesses are eager to come forward and give formal statements. In any disciplinary or grievance investigation, witness statements are likely to form a substantial part of the evidence. ![]()
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