Is it necessary to disclose witness statements taken during misconduct/ bullying investigations (as opposed to post investigation if disciplinary arises)?

Posted in : First Tuesday Q&A NI on 4 February 2014
Arthur Cox
Arthur Cox
Issues covered:

The purpose of conducting an investigation is purely to inform a decision making process and it should be a fact-finding process. The investigation should help demonstrate how fair and reasonable the employer has been with regard to any decision that is subsequently taken to proceed to disciplinary action.

An investigative interview is also not a disciplinary hearing. For instance, if an employee admits guilt during an investigative interview this will not remove the need for a further disciplinary meeting, in order that the employee can have an opportunity to state his/her case and possibly bring evidence to explain any mitigating factors.

On the basis that the purpose of an investigation

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Back to Q&A's This article is correct at 02/09/2015

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Arthur Cox
Arthur Cox

The main content of this article was provided by Arthur Cox. Contact telephone number is +44 28 9026 2673 or email

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