Yes, although employers need to explore the reasons a witness may wish to remain anonymous and ensure the employee’s right to a fair disciplinary procedure, along with their right to challenge properly the evidence.
If anonymous evidence is used, employers should allow the employee to provide written questions, that can be put to the anonymous witness via the employer, during the disciplinary or grievance procedure. This will enable the witness’ answers to be tested during the process.
Once an employer has explored the witness’s reasons for wishing to remain anonymous, they should decide whether or not the evidence should be disregarded, or take into account that is likely to hold less weight than statements from identifiable witnesses.
Ultimately, employers should make witnesses aware that their anonymity cannot be guaranteed if, for example, matters result in legal proceedings, and witnesses need to be informed that they may be required to attend at the tribunal to provide evidence in the proceedings.
If you have any further questions on the subject matter then please contact Karen Scott on 07762 629 448 or get in touch by clicking here.
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