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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.

    Comment


    • #3
      Hi there, thank you for the information you provided. It was extremely helpful, as stated, I was under the impression they were obligated to provide any witness statements. I was once third party for a meeting of similar nature to my own and that employee was presented with all witness statements gathered as evidence, pretty much after she was informed of the reason she was needed for the meeting. But what you said is understandable.
      However, I am unsure of what I could do going forward. If the information gathered is solely based on me and what I supposedly did, could I respond to their email stating this? Would it make any difference or be of any benefit to me? Before I had asked the question, I did wonder if my resigning and no longer being employed, would affect whether I would end up with the outcome I’d hoped, but I still assumed if it was information regarding myself and the situation I was allegedly involved in, I have somewhat of a right to fully see what i was accused of by my team. I understand that the individual who gave the statement may want to remain anonymous but surely they’d be able to remove any names attached to the document?
      I’m not sure if this is any help but this is what their response was after they first replied to my request expressing they needed to review beforehand;
      “Regarding our recent meeting, it was conducted to gather information about the allegation brought to our attention. At the onset of the meeting, even before going through the evidences or anything, you admitted the allegation and expressed your decision to resign from your position as Manager. Your resignation was accepted, and it was duly noted on the email that we sent you on 17th Oct As a result, we consider the matter closed from your perspective, as you are no longer employed by the company.
      In the event that the company had initiated a disciplinary process, we would have provided you with all relevant evidence and statements (if any) pertaining to the allegation. However, as you have resigned from your position and are no longer an employee of the company, we are unable to share this information with you due to data protection regulations.”

      If you have any further advice on whether or not I’d stand a chance based on their email, it would be greatly appreciated.

      Thank you for the advice and input you have already provided me.

      Comment


      • #4
        https://www.gov.uk/data-protection-y...20compensation

        The link above explains how they should deal with your request. I faced the same problem with my former employer and I received the information I requested. Speak to the ICO to get a definitive answer, but think about why you want the information and what you are wanting to achieve by getting it.

        Comment


        • #5
          Brilliant thank you for your advice, it has been quite helpful.

          Comment

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