HR Tip: Confidential witness statements

HRD & Payroll Solutions continues to bring HR Zone members a range of HR and payroll tips in 2007. A market leader in the provision of HR and Payroll training and nationally recognised professional qualifications, HRD & Payroll Solutions are highly experienced in teaching about common HR and payroll problems. A wide selection of tips, tricks and guidance can be seen below. HR Zone highly recommends that any tips are taken as a starting point for guidance only.

HR Tip:
You should do two things. Firstly, point out that they have already done the right thing by reporting the matter but would be acting irresponsibly by refusing to help you resolve it properly since people's lives might be put at risk in the future.

Secondly, point out that they may give their evidence anonymously. Take careful statements from each of them, read back what you have written and, if they agree with it, add at the end "This statement was made by the employee whose name is lodged (say, in the Company Secretary's safe) and who has confirmed that it is a true account". Do whatever is necessary to remove from the statement anything that might identify the witness.

Introduce the witness statements when you call the sinner to a disciplinary hearing. If he wishes to cross-examine the witnesses, write down the questions, adjourn the meeting, discreetly put the questions to the witnesses, write down the answers, reconvene the meeting, read out the answers – and then proceed in the normal way. This is perfectly legitimate and acceptable.

Previous HR and Payroll tips

January 2007
Ending a fixed term contract

December
Resignation and references
Different disciplinary offences

November
Behaviour outside work
First in, last out redundancy selection
Staff appraisals
Disability
Submitting grievances

October
Probation periods and continuous service
Multiple sclerosis
Appeal against Employment Tribunal decision
Refusal to accept written particulars

September
Providing prescription spectacles
Racially based nicknames
Foster parents and flexible working

August
‘Forced’ resignations
Defining 'theft'
Job share contract
Jury service
Meaning of "reasonable"

July
Delay in accepting an offer
Notice for senior staff
Withdrawing notice
Instant dismissal

June
Probation periods
When to issue contractual statements
Rates for overtime work
Payment during suspension

May
Proof of drunkenness
Carrying over holidays
Relaxation classes
Open University course
Moonlighting

April
Custom and practice
Sex discrimination
Dismissal settlements
Refusing SSP

March
Re-engagement following redundancy
Return from maternity leave
Qualifying for employment protection
Grievance procedure

February
Value of informal warnings
Role of the companion
Contractual changes

January
New evidence following disciplinary sanction
Lateness caused by industrial action
A live issue
National Insurance Numbers
Right to car parking spaces

2005 tips

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