Gathering evidence to support the employee’s case

During this period, the employee should be encouraged to carry out his or her 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 containing positive feedback from management, clients, or fellow workers;

• any relevant employment policies;

• speaking to other members of staff who might have relevant and helpful evidence (for example, because they saw an incident). In practice, work colleagues may be reluctant to become involved out of fear for their own position, but some may at least be willing to provide a written statement.

It is important never to pressurise a co-worker to give evidence to support a case. In some circumstances, this could lead to separate disciplinary action.

Where an employee is suspended, it can be difficult to collect evidence. Unless an employee has been suspended because of 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 his or her case (see Chapter 5: Suspension).