Witness Statements

Post by **Sugar** » 03 Jan 2020, 16:02

After being interviewed do the witnesses have to be given a copy of their statements to check over, make amendments and then sign off as a true account of what they've said during the interview?

Apparently during a recent case witnesses have said none of the above happened and they are questioning whether they should have seen their interview notes and then signed them off.

hans solo · Post by **hans solo** » 03 Jan 2020, 17:21

mgmt committing fraud surely not

Post by **Sugar** » 03 Jan 2020, 17:27

hans solo wrote:mgmt committing fraud surely not

Why I'm looking for advice.

Post by **General Mannerheim** » 03 Jan 2020, 17:53

Sugar wrote:After being interviewed do the witnesses have to be given a copy of their statements to check over, make amendments and then sign off as a true account of what they've said during the interview?

Apparently during a recent case witnesses have said none of the above happened and they are questioning whether they should have seen their interview notes and then signed them off.

Was it a formal procedure? i.e interviews formally conducted under B&H or conduct procedures or was these witnesses interviewed under the bollocks of `fact finding`?

Post by **Sugar** » 03 Jan 2020, 18:48

General Mannerheim wrote: Was it a formal procedure? i.e interviews formally conducted under B&H or conduct procedures or was these witnesses interviewed under the bollocks of `fact finding`?

Part of a formal conduct where the statements were later used and lead to a serious warning being issued plus there was no union rep present during the witness interviews.

Post by **Lincox** » 06 Jan 2020, 23:03

I believe that witness statements (copies) have to be made available to the CWU if you are being represented at Appeal stage and progression to ET.

Post by **Sugar** » 07 Jan 2020, 15:33

Lincox wrote:I believe that witness statements (copies) have to be made available to the CWU if you are being represented at Appeal stage and progression to ET.

That was done its whether the witnesses themselves should have seen the statements and signed them off as a true representation of what they said in the interview before being used in the conduct itself that's the issue.

Post by **Lincox** » 07 Jan 2020, 16:15

Sugar wrote:
Lincox wrote:I believe that witness statements (copies) have to be made available to the CWU if you are being represented at Appeal stage and progression to ET.
That was done its whether the witnesses themselves should have seen the statements and signed them off as a true representation of what they said in the interview before being used in the conduct itself that's the issue.

A statement without a signature is like a glass with a crack in it. It holds no water. If the witnesses have not signed and have not seen a copy of their statement, then that statement should not have been put forward by Royal Mail and should have no bearing on the outcome. Do you think Royal Mail would accept you putting forward a piece of paper with a few statements from your colleagues, that have not been signed to say that they represent what those colleagues have witnessed?. No chance.

Woody Guthrie · Post by **Woody Guthrie** » 07 Jan 2020, 16:42

If the witnesses do not agree with what is being said in their name I would suggest they make a formal complaint through the grievance procedure and seek legal advice. It's a serious charge falsifying a witness statement, gross misconduct I would imagine.

If the witnesses have not been given access to the written account of their statement they can't have signed it and that's going to take a bit of explaining at a tribunal.