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Witnesss statements

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  • Witnesss statements

    Hi,

    I have been suspended from work since the 10th May under gross misconduct allegations, during this time I have been through the investigation process and the disciplinary hearing has been adjourned so further evidence can be gathered by the business. I have received an email on Friday with a witness statement attached as part of the additional evidence, this statement refers to a meeting I had attended on 8th May and I have some concerns over this:

    > I feel a witness accurately confirming the outcome of a conversation 10 weeks after the event is too long a period for them to give an accurate reflection of the events.
    > The witness was not simply asked 'Do you remember the meeting? Can you confirm what was said?' but instead they were provided with an account of the meeting that their line manager presented and asked to confirm if specific things I am alleged to have said were accurate.

    For clarity this is over a performance issue, statistics and not something overtly offensive or shocking. The business will defend its position as the person who provided the witness statement has been off sick for some time, potentially prior or during the initial investigation, the business will also state that they had not sought this additional witness statement until I had outright denied the content of the original statement by the witnesses line manager,

    Essentially the witness was put into a position where they were required to confirm or deny a statement from their line manager.
    My question is am I in a realistic position to argue the validity of this witness statement due to the time that has lapsed and the fact that the questions were leading?



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