Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
What reason has your employer provided for not allowing you access to the full report? Also, what are the circumstances surrounding this and how long have you worked there for?
Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.
Many thanks for your patience. When you are facing a formal disciplinary, you have the right to be given any evidence which the employer will use against you. That would usually include the investigation report and almost all disciplinaries I have been involved in included that as part of the evidence. It may be an internal report, but if it is used as evidence against you, you have the right to see it to ensure that you are given a fair chance to answer the allegations and defend yourself.
If there are any sensitive parts in the report which the employer may have to keep confidential to ensure the confidentiality of others, they could potentially withhold these or blank them out, but it should not result in the whole report being withheld.
You can point them to the ACAS Code which they are expected to follow and which specifically states:
“If it is decided that there is a disciplinary case to answer, the employee should be notified of this in writing. This notification should contain sufficient information about the alleged misconduct or poor performance and its possible consequences to enable the employee to prepare to answer the case at a disciplinary meeting. It would normally be appropriate to provide copies of any written evidence, which may include any witness statements, with the notification”
Does this answer your query?
If they are going to use evidence against you, which you have not previously seen, you can ask for an adjournment of the hearing to allow you to consider that evidence and then reconvene once you have done so.