As part of an investigation, some statements were given in confidence. We did try at the time to be given these openly, but the witnesses refused unless they were given a guarantee their names would not be disclosed.

Any references to their identity were removed. Following the investigation, a disciplinary was setup.

The representative is challenging the legality of confidential statements claiming they breach their clients rights.

In Arqiva Limited v Sagoo, In Arqiva Limited v Sagoo, the EAT considered the circumstances in which statements given by employees to an employer in confidence during an investigation must nevertheless be disclosed in tribunal proceedings.

My understanding from this is that it is ok to let the statements remain in confidence, although at an ET we may need to disclose, is this correct?

The HR Tip advised that if there is an intention to cross-examine the witnesses, then we can write down the questions, ask the witnesses and re-convene.

Can we use the statements (only the identity of the witness was removed)?


Alex Hughes

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