Disciplinary paperwork

[swankypants69]

HR Query

Employee A and employee B, separate companies, linked via location and type of trade

A assaults B in B's place of work

A's employer takes statements from both A and B independently

A, the assualter, receives a copy of B's statement. But B is denied access to copy of A's statement

Is this correct? B is a minor. A is an adult. Police have not been involved at B's request. Assault was physical, relatively minor (not sexual!)

 

[Newchodge]

Yes this is correct. A's employer is investigating whether to take disciplinary action against A. B is a potential witness and has no right to know what A has said. A has the right to know exactly what is alleged against him to defend himself in disciplinary proceedings.

 

[swankypants69]

Many thanks Cyndy

It just feels odd that A has the right to view B but not vice versa ie. A's statement could be fabricated and full of derogatory comments about B and B wouldn't be able to refute those allegations

But I accept the logic, many thanks for the input

 

[ACS020380]

If there is a disciplinary hearing for A (alleged assaulted) then they are entitled to see all the evidence that will be used in determining the outcome so they can put forward any defence, but if there is no disciplinary hearing for B then there is no entitlement for them to see A's statement. A should be reminded though that B would be protected from any victimisation etc. as a result of providing a statement.


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