Supporting evidence 


Reps should check that the employee has been given all the evidence to be considered in the hearing. This could include letters, written policies or posters publicising any rule said to have been broken, email correspondence, witness statements, copies of CCTV tapes, copies of YouTube downloads, screen prints of offending Facebook or Twitter messages and so on. 


Check that any policy, notice or poster being relied on was actually in place when the offence is said to have occurred, and was actually known to the employee. Investigators sometimes rely on posters, policies and so on that were put up, or altered, often inadvertently, after the date of the misconduct. 


Reps should also: 


• check that a full set of witness statements has been provided; 


• think about how statements were taken. Have they been edited and if so, by whom? What was added or cut?


• how long after the event were statements taken? Why the delay, and has it prejudiced the ability of the witnesses to remember accurately not just what happened but where relevant (for example, in cases of alleged bullying) how they felt about it?


Sometimes statements can be disclosed concealing the identity of the witness (see Chapter 4: Anonymity).


The employee must be informed of the right to be accompanied (see Chapter 8) and where and when the meeting is to be held. 


Reps should consider whether any reasonable adjustments should be requested. 


The employer’s letter must warn of the possible outcomes of the meeting. If dismissal is a possible outcome, this must be stated. 


Consider asking the member to prepare a clear chronology setting out the key stages and incidents. Make sure it is accurate and focuses on the important dates and incidents. It can be a useful memory aid and if appropriate a copy can be given to the manager in charge of hearing the disciplinary.