Disciplinary Hearing Witness Statements

In disciplinary hearings, witness statements are an invaluable tool for ensuring an accurate, impartial review of events.

They offer written, factual accounts of behaviours that have been observed or experienced, and play a key role in aiding fair disciplinary processes.

Below is a guide on how witness statements work, how they impact disciplinary hearings, and practical tips for preparing them.

Downloadable Disciplinary Witness Statement Template (UK)

Complete the form below to download a Disciplinary Witness Statement template (for UK-based employers) that simplifies the process of creating clear, professional witness statements for disciplinary hearings.

The Role of Disciplinary Hearings in the Workplace

As an employer, maintaining a professional, compliant, and respectful workplace is paramount.

When misconduct or policy violations occur, disciplinary procedures should be followed to investigate and address the matter.

Common examples of misconduct that may lead to a disciplinary hearing include cases of:

• Harassment – For example, if an employee reports verbal harassment from a colleague, this must be addressed following company policies.
• Dishonesty or Fraud – Instances where an employee is suspected of falsifying records or engaging in theft.
• Insubordination – Refusal to follow reasonable instructions or openly challenging authority in a way that disrupts workflow or workplace harmony.

Disciplinary hearings give both the accused and the witnesses a chance to present their accounts.

This process, which typically involves witness statements, helps ensure decisions are fair and aligned with organisational standards and legal requirements.

What Is a Witness Statement?

A witness statement is a document written by an individual who has observed or experienced specific behaviour that relates to an ongoing disciplinary issue.

This statement should be limited to factual accounts without including opinions or assumptions.

Witness statements are invaluable in providing context, supporting evidence, and contributing to the transparency of the process.

Example: If a witness saw an altercation between two employees, their statement would include details such as the date, time, and specific behaviours observed. This factual account would help the disciplinary panel assess the situation accurately.

Why Are Witness Statements Essential?

Witness statements are fundamental to ensuring a fair, unbiased hearing.

Without them, disciplinary panels would lack critical information, relying instead on hearsay or partial accounts. Some key benefits include:

1. Providing Objective Records – Witness statements document specific events without relying on subjective judgement.
2. Supporting Fair Outcomes – By presenting facts, witness statements help panels make balanced decisions.
3. Preventing Unfounded Claims – A detailed witness statement can confirm or refute allegations, ensuring the accused is not unjustly penalised.

Example: An employee accused of inappropriate behaviour could be cleared if a witness’s statement suggests that they were acting in self-defence during an altercation, thereby minimising the risk of an unfair judgement.

Who Should Provide a Witness Statement?

Witnesses can be any individual who observed the alleged behaviour, including colleagues, supervisors, customers, or even external visitors.

It’s essential for employers to ensure that witnesses feel secure when providing statements, free from intimidation, pressure, or potential repercussions.

Guidelines for Choosing Witnesses:

• Relevance – Only those who directly observed the incident should provide statements.
• Bias Prevention – Avoid selecting witnesses who have personal conflicts with the accused, as this may affect objectivity.
• Impartiality – Witnesses should understand that their role is to provide facts rather than support a particular outcome.

Key Points for Writing a Clear Witness Statement

When requesting a witness statement, employers should provide guidance to ensure the statement is detailed, accurate, and neutral.

Here are some key tips:

1. Stick to Observed Facts – Witnesses should include only what they observed, without speculation or interpretation.
2. Avoid Personal Opinions – Statements should be neutral, avoiding inflammatory or judgemental language.
3. Be Detailed and Specific – Relevant details, such as dates, times, and locations, add clarity and make the statement more credible.
4. Remain Respectful – Witnesses should use professional, non-judgemental language to ensure their statement is perceived as unbiased.

Example: Instead of writing, “The accused was very aggressive,” a witness should provide specifics, like “The accused raised their voice and used language that seemed threatening at approximately 3:00 PM on 12th March.”

The Impact of Witness Statements on Disciplinary Hearings

Witness statements can be pivotal in determining the outcome of a disciplinary hearing.

They may either substantiate the allegations made or highlight discrepancies that weaken the case against the accused.

When presented correctly, an impartial witness statement supports a fair, fact-based decision-making process.

Positive vs Negative Impact Examples:

• Supporting Disciplinary Action: A witness statement from several colleagues corroborating the same instance of misconduct may lead to a stronger case for disciplinary measures.
• Refuting Allegations: A witness statement that suggests a misunderstanding or misinterpretation of events can prevent unjust outcomes or exonerate an innocent employee.

Key Steps in the Disciplinary Procedure

After gathering relevant witness statements, the disciplinary hearing should be conducted in line with company policy.

The general steps include:

1. Opening – Introductions and an overview of the hearing’s purpose.
2. Allegation Review – Presenting the details of the alleged misconduct.
3. Evidence Presentation – Witness statements and other evidence are reviewed.
4. Employee Response – The accused has an opportunity to respond to the evidence.
5. Deliberation and Decision – The panel assesses all information before reaching a conclusion.

After the hearing, it’s important to update all relevant parties, including witnesses, on the outcome if they are directly impacted.

Can Employees Access Witness Statements?

Employees have a right under the UK General Data Protection Regulation (UK GDPR) to request access to data held about them, which can include witness statements used in disciplinary hearings.

The Acas Code of Practice on Disciplinary and Grievance Procedures, often considered by tribunals, generally supports the provision of written evidence, including witness statements, to employees facing disciplinary hearings.

However, there are exceptions. Employers may refuse a request if:

1. Third-Party Privacy – Disclosure would reveal information about a third party who has not consented.
2. Potential Harm – Sharing the statement could result in harm or intimidation towards the witness.

Example: If a witness statement contains identifying information about another employee who hasn’t given consent for disclosure, employers can redact these details to protect their privacy.

Practical Use of Witness Statements in Disciplinary Settings

Employers should establish a formal process for collecting witness statements to ensure a structured, transparent approach.

Clear guidelines and a downloadable template can help witnesses provide accurate and comprehensive accounts, making the disciplinary process smoother and fairer for all involved.

By following these steps, employers can ensure that witness statements play a constructive role in achieving balanced, well-informed disciplinary outcomes.