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, any print-outs or logs relied on, for example, for evidence of excessive personal internet use.

Check that any policy, notice or poster the employer relies on was actually where the employer says it was, in the form relied on by the employer, and communicated to the employee, before the alleged misconduct took place. Investigators sometimes rely (deliberately or accidentally) on posters and policies and so on that were put up, or altered, after the misconduct has occurred.

Reps should also:

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

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

• How long after the event were statements taken? What caused any delay? Has the delay 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 in a form that conceals 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 there are any adjustments that need to be requested.

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