Gathering evidence to support the employee’s case


During this period, the employee should be encouraged to carry out their own investigation, gathering evidence to support the case. Depending on the allegations, this could include:


• the employment contract;


• helpful evidence from past appraisals;


• any letters or emails with positive feedback from management, clients, or fellow workers. It is important not to breach the employer’s confidentiality policies when collecting supportive evidence, as this could lead to separate disciplinary action, including even gross misconduct;


• any relevant employment policies; 


• anything that suggests that the employer is not being truthful as to the reason for the disciplinary, for example, evidence of trade union activity; and 


• speaking to other members of staff who might have relevant and helpful evidence (for example, because they saw an incident). In practice, colleagues may be reluctant to become involved through fear for their own position, but some may at least provide a written statement. Co-workers must never be pressured to give evidence. This could lead to separate disciplinary action. 


Being suspended can make it very hard to collect evidence. Unless the member has been suspended for inter-personal allegations like bullying or harassment, it is likely to be unreasonable for the employer to ban the member from contacting co-workers to ask them if they would be willing to provide evidence. Where this happens, consider writing to the employer to object to the ban and to ask for an explanation, pointing out that it makes it very difficult for the member to prepare their case (see Chapter 5: Suspension).