Withholding information at a disciplinary

[cuppy105]

Hi,

I basically withheld information and evidence that I was aware of prior to a work colleagues disciplinary, at the fact finding stage. The colleague attended a disciplinary for a gross misconduct matter and the company had already gathered what I presumed would be enough information and evidence to dismiss the employee as it would be regarded as gross misconduct in any workplace in the UK.

In the meeting which I was note taker the employee gave mitigating circumstances about the alleged gross misconduct, the senior leader conducting the investigation meeting took on board all the facts and the employees mitigating circumstances and decided after consulting HR to issue a final written warning.

Prior to the dicaplinary I knew of more evidence of gross misconduct which would have well and truly put this employer out of his job I feel. However I choose to withhold this to myself, I don't work with this person but had done in the past, I knew them personally. I honestly thought the evidence used in the dicaplinary would be enough to get an instant dismissal and thought keeping shut would do no harm. I won't go into to full details but this was honestly gross misconduct of a serious nature.

Now I personally want to just move on from this whole episode, but have I potentially caused myself issues in the future, from holding back extra information which could of, if presented at the time allowed the company to dismiss this employee if that particular evidence I had known was presented to them?

I just hope I've not broken any laws/put my self in danger.

Thanks guys for your help

[stevemLS]

Re: Withholding information at a disciplinary

Don't worry.

A disciplinary investigation is into specific allegations of misconduct, from what you say your evidence related to an unrelated matter.

You weren't interviewed as a witness.

It sounds as though your "evidence" would be entirely irrelevant to the matter which was under investigation.

An investigation does not require everyone who ever knew of any transgression to come forward and volunteer the information.

[cuppy105]

Re: Withholding information at a disciplinary

Thanks for the reply, however I don't feel I made it clear enough, I work for a small/medium family run business, it was myself that reported the instance of gross misconduct in the first place, I had seen three cases of potential gross misconduct and only reported one incident. The extra evidence in question I knew about was very current and was technically very much related to the issues raised in the disciplinary. Had I brought it up, it would have most certainly influenced the investigation and possible outcome of the dicaplinary. I feel by withholding this information I may have allowed this employee to get a final warning. I suppose I wanted to give this employee as much chance as possible and withholding this extra information I knew of potentially saved them.

If this information I knew of ever came to light from a different source could I be held responsible for duty of care etc for not reporting this information at the time when I knew of it?

Basically could this come back to bite me and have I broken any employment law by keeping quiet.

[stevemLS]

Re: Withholding information at a disciplinary

OK, that is slightly different then, particularly as you were in the hearing.

The general principle is that you must answer questions truthfully though.

Really need more detail though:

What was the nature of the misconduct?

What was the specific nature of the information you have and how did it relate to the allegations?

If you feel you can't post that without potentially compromising anonymity send it to me by private message (click on my name and choose the PM option)

I'm on my way to bed so probably won't answer tonight.

[happylife]

Re: Withholding information at a disciplinary

As you reported the gross misconduct allegations should you have even been at the meeting ?

Even as a note taker. I would be questioning this.

Was there any mention that the allegation was reported by an employee ?

[teaboy2]

Re: Withholding information at a disciplinary

If you were the one that made the allegation of gross misconduct then you should not have been in the meeting anyway, even as a note taker!

The procedure in disciplinary matters most be impartial at all times, that includes the people present at hearings being impartial too - I.e. not connected to the incident or the reporting of it!