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[JamesV6CDX]

No - I'm not the defendant...  

Back in the later end of 2008, we had a male colleague (in my office job) who was behaving in an inappropriate way. Calling our female boss all sorts of sexually inappropriate names behind her back, talking about violence towards a different staff member, and making racist remarks, among other things.

Cut a long story short - it was reported (not initially by me) and he was suspended around January. We were all asked to write a witness statement about things we had seen.

Unfortunately the others were not as comprehensive in their statements as me - so it looks like most if it is hinging on my evidence.

It's going to hearing next week - and I'm honest, I'm really uncomfortable about it.

I've given evidence in courts and that doesn't phase me - but the thought of facing this guy who i've worked with, and may have to continue working with, is not good!

Although there is loads of info out there on disciplinary rights for defendants - there doesn't seem to be much for witnesses, and I really don't know my rights, who I can bring, and what the process is, etc.

Bah!    

[pscocoa]

Is this an internal hearing - has the co worker seen your statement. If he has then the company has not handled this very well.

You should decide whether or not in the circumstances and if your colleagues are not that bothered whether it is worth the aggro and withdraw your statement.

If you feel strongly about it then continue and hopefully your colleagues' statements will back you up in principle.

[JamesV6CDX]

Is this an internal hearing - has the co worker seen your statement. If he has then the company has not handled this very well.

You should decide whether or not in the circumstances and if your colleagues are not that bothered whether it is worth the aggro and withdraw your statement.

If you feel strongly about it then continue and hopefully your colleagues' statements will back you up in principle.

This is for a final hearing, held over 2 days... he has seen all statements...

[pscocoa]

Have you seen your colleagues statements and do they back you up on the disruption to the office and the distasteful nature of what he has been saying? Did colleagues ever ask him to stop the bad behaviour?

[JamesV6CDX]

Is this an internal hearing - has the co worker seen your statement. If he has then the company has not handled this very well.

You should decide whether or not in the circumstances and if your colleagues are not that bothered whether it is worth the aggro and withdraw your statement.

If you feel strongly about it then continue and hopefully your colleagues' statements will back you up in principle.

My colleagues would never talk to me again if I withdrew it...  

[pscocoa]

Will the employer confirm that it was not you that first raised the matter and that you subsequently responded to a collective desire by colleagues to have the matter dealt with?. You could even say this yourself at the start to make it clear if employer does not without giving the name of first complainant.

[JamesV6CDX]

I will certainly make it clear it wasn't  I who raised it - but equally that I'm in a position to give evidence...

[cem_devecioglu]

You do the correct thing James

but unfortunately life teach me that honesty may not be the best policy in every case :-/

[tmx]

when i worked for my ex employer staff made witness statements to the Lv2 Investigating Manager and the defendant never knew who grassed them up unless they knew about the loophole in the HR system

if he upset your team and disrupted the office then in all fairness he does deserve the full firing squad!

[CaptainZok]

It's normal proceedure to give a copy of all evidence to the accused individual. If I was called in to represent a colleague and hadn't been given access to such information my first action would be to ask for an adjurnment to discuss all evidence with the accused colleague.
On the subject of your giving evidence James I've represented many people in disciplinary hearings and have never seen anyone called to give evidence, its a disciplinary hearing not a court of law and works on rules which are very different.
The matter rests on the person dealing with the disciplinary having reasonable grounds to believe that the accused did what was alleged, which is somewhat less than the without reasonable doubt that I'm sure you are conversant with in your other career.

[Kieran]

Are you in the union

[JamesV6CDX]

It's normal proceedure to give a copy of all evidence to the accused individual. If I was called in to represent a colleague and hadn't been given access to such information my first action would be to ask for an adjurnment to discuss all evidence with the accused colleague.
On the subject of your giving evidence James I've represented many people in disciplinary hearings and have never seen anyone called to give evidence, its a disciplinary hearing not a court of law and works on rules which are very different.
The matter rests on the person dealing with the disciplinary having reasonable grounds to believe that the accused did what was alleged, which is somewhat less than the without reasonable doubt that I'm sure you are conversant with in your other career.

I've been told that the accused wants to challenge me on my statement at the hearing, and been told that is his right - so hey ho  :-/

Yep - I understand more about how it would work in a court, than in employment regs  

[over50now]

This is for a final hearing, held over 2 days... he has seen all statements...

"All the statements".    "2 day hearing".

Not just you then James.  Colleagues obviously giving their account. In my experience, 2 days for a disciplinary final hearing seems a long time.

Be proud of yourself. Was his behaviour acceptable. Would you like it done to you or wife/partner. Sounds like nasty piece of work.
HTH

[Deva1992]

You do the correct thing James

but unfortunately life teach me that honesty may not be the best policy in every case :-/

Gawd, aint that the truth..

[over50now]

Another thought.

Reading between the lines of your job.

Does his behaviour reflect your profession.

Or could it reflect on your profession.  Public perception???