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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I am involved in a disciplinary and i had the first meeting

Resolved Question:

i am involved in a disciplinary and i had the first meeting adjourned so they could gather further evidence. so i have my meeting tomorrow and they sent me the further evidence. They spent a full interviewing people and have refused to give me a full copy of all the transcripts as they said they had been in touch with law at work UK and they could withhold these transcripts on basis of "protecting confidentiality". However all other evidence in the case against me has been given a full account of but has be anonymised so names withheld of who gave the statements etc. so in the last meeting i raised questions and discrepancies in the statements so they adjourned to do further interviews etc. now they have come back and said they can only give me an overview of the meetings but not a copy of any of the meetings and just take the names off them like they have done with all other evidence. As i brought up some serious issues if feels like they are covering them up by not providing me a full copy of what was discussed and any new evidence that may have come to light.
Submitted: 2 months ago.
Category: Law
Customer: replied 2 months ago.
they have given no reason why they are withholding those transcripts other than "protecting confidentiality". i told them that information within those meeting minutes could contain information relevant to my case regardless of whether they deem it relevant or not. i also provided them evidence where the investigator withheld evidence that were emailed directly to her that provided evidence in my defence. i gave them direct evidence that she lied about ever receiving them and included evidence from the people that submitted them that she got them and replied to them. There response to that was that she had been advised by HR that i am to gather an submit my own evidence and that she was not responsible for gathering evidence in my defence and she lied about receiving evidence because that was her way of telling me that.
Customer: replied 2 months ago.
it just makes me feel like they are withholding stuff once again
Customer: replied 2 months ago.
do staff need to give consent to have the minutes given as evidence even if they make the statement anonymous i.e. take the name off the statement
Customer: replied 2 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 2 months ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 2 months ago.
i have the meeting tomorrow morning at 10am and they only sent me the new stuff a hour or so ago. sorry for adding more stuff
Customer: replied 2 months ago.
Can the staff refuse to give consent for the minutes to be shared with me in the case against me?
Expert:  Ben Jones replied 2 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 2 months ago.

How long have you worked there for?

Customer: replied 2 months ago.
3 years
Customer: replied 2 months ago.
They sent me this when I requested the minutes
Customer: replied 2 months ago.
Here is the latest email
Expert:  Ben Jones replied 2 months ago.

Thank you. If a witness has provided their evidence in confidence then the employer is in a difficult position. They have a duty to protect such confidence, which means that they would not want to disclose the full evidence in order to preserve the witness’ confidentiality. On the other hand, they would need to give sufficient evidence to the accused in order to allow them to fairly defend themselves. So it is a fine balance and one which is not fully defined in law. It does mean the employer can withhold parts of the evidence, needed to protect the witness/ confidentiality, but they should still disclose enough of it to allow you to reasonably defend yourself.

So without the witness’ express consent to disclose their full evidence, the employer will owe them that duty of confidentiality, so far as to ensure that they are not identifiable for that evidence. But anything which would not disclose that should still be shared with you. The witness do have the legal right to request that their anonymity is preserved and that could result in parts of their evidence not being disclosed to you.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

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