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witness to disciplinary investigation-bring a work colleague?

21 replies

chasingpaper · 16/03/2022 12:07

I am a witness to a disciplinary investigation and will need to meet the investigating officer to give evidence.

I have been told I can bring a union rep or work colleague to the meeting - is this necessary? Would you suggest that I do?

OP posts:
Charliesgotachocolatefactory · 16/03/2022 12:11

I would always take someone along if offered, just to cover your back.

eldorado02 · 16/03/2022 12:13

Yes, definitely - and my advice is to make sure the meeting is recorded so what you say cannot be misinterpreted. I was a witness to gross misconduct and my meeting was recorded, and thank God it was, as they did not represent what I said correctly, so I asked them to use the verbatim words in place of what they’d written. Protect yourself!

Ohmygodyesthatsit · 16/03/2022 12:20

There should be a scribe who writes down exactly whats said you then read and sign it.

D0lphine · 16/03/2022 12:31

I'd take a criminal solicitor if by "officer" you mean police.

DameHelena · 16/03/2022 12:40

Definitely do. They're another pair of eyes and ears in case anything gets (deliberately or not) misrecorded or goes unrecorded.

Somebodylikeyew · 16/03/2022 12:41

Yes, I would. And ask them to take notes.

chasingpaper · 16/03/2022 12:42

thanks for all your replies.

No, this is not the police. This is an internal investigation for a disciplinary hearing against someone else, not me. I'm told that I will be able to review the witness statement before it is presented to the hearing so i'm wondering why I need to protect myself if you see what i mean?

OP posts:
Ikeptgoing · 16/03/2022 12:44

I would always protect myself if i were you. Always best to have a union rep attend with you and ask for meeting or evidence to be recorded & for a copy of your part.

Ikeptgoing · 16/03/2022 12:45

But it is fantastic that you are a witness for someone else.
You should be proud of yourself for doing this.

DameHelena · 16/03/2022 12:47

@chasingpaper

thanks for all your replies.

No, this is not the police. This is an internal investigation for a disciplinary hearing against someone else, not me. I'm told that I will be able to review the witness statement before it is presented to the hearing so i'm wondering why I need to protect myself if you see what i mean?

Just so that you can't be accused of having said something you didn't, or vice versa.
BeforeGodAndAllTheFish · 16/03/2022 12:47

@D0lphine

I'd take a criminal solicitor if by "officer" you mean police.
She is a witness. In a disciplinary for a colleague. She really does not need a criminal solicitor. I cant actually believe you've suggested that and kept a straight face.

Someone she works with is being investigated for misconduct. She just needs to go and say what she saw/knows.

Taking a witness is just so you feel comfortable and to make sure everything is dont the way it should be. They'll record it or have a scribe, and if anything goes wrong with that then having a witness means someone else can support what you said later.

chasingpaper · 16/03/2022 12:47

my goodness thank you ikeptgoing I really needed to hear that. I'm so nervous about it all my anxiety is through the roof, I've accepted counselling and I know i'm doing the right thing but I really appreciate you saying that.

OK I am going to message a colleague now (not in a union), thank you

OP posts:
D0lphine · 16/03/2022 12:52

She said "officer" so could easily have been a police officer in which case she should have a criminal solicitor as good practice.

As it's a work disciplinary, defo take a colleague or union rep. Take someone bolshy and who will stick up for you. Take as many breaks as you need. Read the statement over and then read it again the next day. Have whoever goes in with you read it too.

chasingpaper · 16/03/2022 12:55

thank you all. it's hard not to feel like it's me under investigation

OP posts:
HalfShrunkMoreToGo · 16/03/2022 13:11

It can be helpful but they are limited in that they cannot represent or speak for you.

Have a meeting with them beforehand to cover all the important points and make a list of the specifics that you definitely want to make sure you say, especially if there are any timelines involved in what they're investigating such as - first became aware on XX date when XX told me XX,

They can then keep track for you that you've covered all the points or alert you if you've missed something.

chasingpaper · 16/03/2022 13:43

Thank you @HalfShrunkMoreToGo that is very helpful advice. As it happens colleague has just confirmed they will attend and we are meeting shortly beforehand - will go through it all as you suggest

OP posts:
user1471457751 · 16/03/2022 20:13

@D0lphine she doesn't need anyone to stand up for her, she is the witness not the person being investigated.

D0lphine · 16/03/2022 21:26

[quote user1471457751]@D0lphine she doesn't need anyone to stand up for her, she is the witness not the person being investigated.[/quote]
Yes she does.

Things can be misconstrued in these situations. She needs to ensure she is not implicated in the colleagues misconduct in any way.

Because if she is then she herself could become subject to an investigation.

chasingpaper · 17/03/2022 12:28

Just wanted to update you and let you know I did ask for a colleague to attend the meeting with me and it was absolutely the right decision so thank you all for your advice to this effect.

and yes, I think @D0lphine is right, it could have had the potential for me to become subject to an investigation, but I won't as I have nothing to hide.

thank you all, glad it's over now.

OP posts:
DameHelena · 17/03/2022 12:43

@chasingpaper

Just wanted to update you and let you know I did ask for a colleague to attend the meeting with me and it was absolutely the right decision so thank you all for your advice to this effect.

and yes, I think @D0lphine is right, it could have had the potential for me to become subject to an investigation, but I won't as I have nothing to hide.

thank you all, glad it's over now.

Great, OP! thanks for updating.
DameHelena · 17/03/2022 12:43

@chasingpaper

Just wanted to update you and let you know I did ask for a colleague to attend the meeting with me and it was absolutely the right decision so thank you all for your advice to this effect.

and yes, I think @D0lphine is right, it could have had the potential for me to become subject to an investigation, but I won't as I have nothing to hide.

thank you all, glad it's over now.

Great, OP! thanks for updating.
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