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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49779
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Scenario - Person A is called up to give their version of account

Customer Question

Scenario - Person A is called up to give their version of account as part of an investigatory process of some one they work with.They have been called to do this because of a statement which has been written & submitted by their Manager to the investigatory team following a "so called conversation" which is meant to have taken place between the person A & their Manager . The Person A after attending the meeting hears the statement from the Manager of the "so called conversation". It contains information that could result in serious trouble/backlash for the person A if ever disclosed to the person B that is being investigated .Can this written DISPUTED statement from a "so called conversation" be used at all,or if the investigation goes to a disciplinary hearing could this statement information be used & be viewed/given to person B being investigated?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. How long has each of these people worked for this employer?
Customer: replied 2 years ago.
Person A (who has been called to the investgatory hearing)22years and Manager (who presented statement that is being disputed by person (A) 15yrsapprox. Person on who investigation is being held about approx 3/4 month, Just want to know if the disputed statement information would able to be used or disclosed as worried about possible trouble?
Customer: replied 2 years ago.
Awaiting yr response please thank you
Expert:  Ben Jones replied 2 years ago.
Generally, there is no set rule on whether an employer has a duty of confidentiality to witnesses providing information in disciplinary investigations. For example, in the case of Shinwari v Vue Entertainment Ltd, the tribunal considered whether an employer should have disclosed the witness's identity to the employee being investigated. The witness subsequently received threats from the employee and complained that the employer owed him, and had breached, a duty of confidentiality. On the facts, the tribunal found that the employer did not give any assurance of confidentiality and was permitted to disclose the witness's identity. So the same principle could apply to you –both your identity and witness evidence may be revealed to the employee being disciplined, especially if there were no assurances made by the employer that such information will be kept confidential. To try and avoid this from happening, you could have given your evidence on the sole provision that it was kept confidential, however this is something which should have been agreed at the outset. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 2 years ago.
I am not sure if you have understood the question properly, perhaps I have not explained clearly. In the statement the manager wrote he said that I had had a verbal conversation with him (which would have been a one on one conversation with no one else present with no witnesses), which I have denied. would they be able to submit this statement for anything as I am disputing ever having had a conversation and this cannot be proved.
Customer: replied 2 years ago.
I am awaiting your response please.
Customer: replied 2 years ago.
This is another question as I do not feel you have answered the question I have asked. Basically can they take a disputed statement and use it?
Expert:  Ben Jones replied 2 years ago.
Sorry for the confusion. They can use this because it is that person's evidence. You may dispute it but they have their own version of events and everyone has the right to provide their side of the story. It does not necessarily make it the true representation but without any other evidence the employer cannot say that and challenge the person As such they will have to accept it as being that person's own evidence. At the same time, if you dispute their version of events you are entirely free to raise this and provide your own version of events to dispute what they have said. It does not prevent it from being submitted though as only you two can verify whether it is true or not and with no other evidence it is just your word against theirs. Hope this clarifies?
Customer: replied 2 years ago.
as I believe their statement has started the onset of the investigation surely with my denying ever having had a conversation they would not be able to use this incase I claim slander on my name?
Customer: replied 2 years ago.
Can the employer/Manager take and challenge my denial legally and take it further legally? also as there has been no signed statement from myself just the meeting minuted would I be able to retract my denial of the conversation, perhaps saying i could now recall without further legal consequence, if this denial would be able to be taken further as per my previous question? I would not be able to pay for legal representation?
Customer: replied 2 years ago.
The Managers "statement of events" apparently is a recording in their log done by the Duty Manager of each team at the end of the day to high light any possible events/problems that may need to be investigated.
Could you please respond to my query above. Thank you
Expert:  Ben Jones replied 2 years ago.
The fact that you are denying it does not mean that the employer cannot use it. As mentioned it is simply your word against the other person’s. The employer does not know who is right and as the other person has provided this as their evidence they can use it because they cannot just discount the evidence if there is nothing to prove it is incorrect. At present the only thing that says that is you but there is no other evidence. Yes, there may be a risk that you can claim defamation but it is for you to prove that is the case so until you are able to do that the employer can still use that person’s evidence.
But there is little the manager can do to challenge it legally apart from defamation and that is very complex and expensive and unlikely to be pursued.
Expert:  Ben Jones replied 2 years ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.