Note-takers 


It is very important to have an accurate and full record of the meeting. This will be the main source of information as to what was said for any appeal panel or employment tribunal. 


The member and rep should agree a system for taking a note of key points, which could include issues like any admissions, any suggestion of bias or any indication that the panel have already made their mind up, any reliance on irrelevant past incidents or activities (such as acting as a union member or rep), any suggestion of discrimination or victimisation, or any inappropriate or bullying comments. 


It is not unusual for disputes to arise when agreeing the minutes, which are usually prepared by a representative from Human Resources (HR). It is often sensible to arrange for a photocopy of the written meeting notes to be handed over as soon as the meeting is finished, with the pages numbered. After the meeting, a typed version should be agreed as quickly as possible. 


It is important not to sign off on minutes that contain significant mistakes. 


It is worth remembering that internal notes and emails passing between HR and the managers involved in a formal dismissal (or grievance) decision are not protected by legal privilege. This means they are not confidential in any future tribunal claim and a member will be able to ask for copies at that stage if they are likely to contain relevant information. They may also be able to make a Data Subject Access Request for copies (see Chapter 6: Making a Data Subject Access Request).


Legal professional privilege does not cover communications between an employer and external employment consultants (as opposed to solicitors) (New Victoria Hospital v Ryan [1993] IRLR 202, Walter Lilly & Co Limited v Mackay [2012] EWHC 649). This means that if the employer is taking advice from consultants about the disciplinary process and there is good reason to believe that advice is relevant to the fairness of the dismissal, the member may be able to ask a tribunal to order the disclosure of these communications.