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Witness statements

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  • Witness statements

    Hi there,

    im hoping someone will be able to confirm or deny whether the information I have been given regarding my request to see (if any) witness statements that were gathered prior to a meeting I ended up having in relation to an allegation made by a staff.
    I won’t go into too much detail but I was under a lot of stress and pressure leading to the day of the meeting (which I was unaware was coming my way). With having higher up on my back about things not being done in the store, which was the root of my stress, and the lack of respect and support from my team when addressing the issues with them, I began to see my mood drop significantly and my mental state was the worst it’s ever been. I felt everyone was against me.
    When the meeting came around, I had already had enough of feeling how I felt and didn’t know how much more I could take. They started of by informing me they were there to get to the bottom of the allegation that was made against me and at this point I felt like my whole team had banded together and I had no one on my side. I admitted to part of the allegation as to not cause any more stress for myself, yet the rest was all false. They offered me suspension to conduct an investigation or they informed me I was able to resign. The way my mental state was, I chose to resign. I felt since everyone was against me, it would have been my word against the word of up to 5 people. And if I were proven truthful and got to remain in my job, I knew in the back of my mind I wouldn’t feel comfortable working with people who had stabbed me in the back. It was the right and only decision for me, in my opinion.
    since these events, I have been made aware of the witness statements being gathered prior and I was under the impression I was entitled to receive and look over these during the initial meeting.
    since resigning (2 weeks later), I have emailed the person dealing with the grievance and enquired about receiving any witness statements. To which they reviewed my requested and responded back saying they didn’t have to provide me with them during the meeting as I resigned and because I am no longer employed by them, they cannot show me the copies because of data protection?
    I would just like to know if what they have said about me receiving the witness statements, is correct or am I still within my rights as I was the individual named in them?

    thank you in advance.
    Tags: None

  • #2
    Hello. First of all, there is no requirement for them to provide any witness statements to you at the investigation meeting. They would only need to provide them if they decided to move on to disciplinary. Secondly regarding data protection, what they have said is not correct. Under GDPR you have a legal right to see any information relating to yourself, regardless of whether or not you are still employee by them. They don't have to reveal anything that identifies others so some of the information could be redacted, but they cannot withhold information about you. You will need to submit a Subject Access Request (SAR) to your former employer to officially request the information you require. This will give them 30 days to respond which can be extended to 3 months if the request is large or complex. If they do not respond in 30 days or refuse your request then you would need to make a complaint to the Information Commissioners Office (ICO) who will investigate, with the likely result being that they will tell them to provide you with the information.

    I've added a link to the ICO's Subject Access Request generator page which will help you make your request below.


    https://ico.org.uk/for-the-public/ma...ccess-request/

    Hope you find this useful.
    Last edited by Retromau5; 20th October 2024, 10:16:AM.

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