witness statements, can they be anonymous?

[Acjb007]

I've got some very loyal helpful colleagues who are willing to give a statement against the behaviour of my manager but for obvious reasons they wish to remain anonymous. Is there any way I could get the statements from them and have someone outside of the company varefy that they are genuine? How would I go about doing this?

[R0b]

Re: witness statements, can they be anonymous?

The short answer is yes, but as the witness is unable to be cross-examined it will be admitted as hearsay evidence and it can be challenged. The judge will take a number of factors into account when he or she decides how much weight to give the hearsay evidence.

[judgemental24]

Re: witness statements, can they be anonymous?

I must disagree to an extent

Witness statements have to be signed wih a statement of truth and disclosed to the claimant and respondant. As correctly pointed out will be nothing but hearsay and supposition IF ANONYMOUS

A key principle of our judicial process is the ability to cross examine the evidence presented and face our accusers.

The only time the tribnal will possibly pay attention is if the individual managers own disciplinary record is called into evidence. Things like how many grivience have been taken out over xyz period of time against that individual manager

Both parties in the action will have to agree as well for the evidence to be included in any court bundle. You will always have one side object.

Mind you we are talking about Employment law on the balance of probabilities, and not criminal law

[R0b]

Re: witness statements, can they be anonymous?

Civil Evidence Act 1995 provides for hearsay evidence and anonymous witness statements (see section 4 regarding factors taken into account). There is plenty of case law regarding anonymous statements in employment tribunals and there is also a couple in relation to neighbour disputes whereby neighbours wish to remain secret for fear of being harassed - Court of Appeal has also ruled that anonymous witness statements can be allowed.

That being said, in my previous post I did mention this can be challenged. As per Judgmental's post a person should have a right to cross-examine a witness and it should always be encouraged as any facts within their statement would need to be proved. Where a person remains anonymous, it is likely that the weight given to the statement would be reduced but that is not to say it is doom and gloom and the judge or tribunal shall use the various factors taken into account when giving weight to the statement.

I could see valid reasons for providing anonymous statements if it is employees of a company who may or may not know your manager and their jobs could be affected should they provide their name and details.

EDIT:Caution though, anonymous statements need to be carefully drafted so that you do not include their name age or gender which might give away the person's idendity

[judgemental24]

Re: witness statements, can they be anonymous?

I was using myself the Criminal Justice Act 2003 114 (1)(c)

I will have a nose at the Civil Evidence Act 1995

Thanks for the link, study time for me