Under what circumstances might we grant anonymity to a witness in a disciplinary process and how far should/could we go to protect that anonymity? 

Posted in : First Tuesday Q&A NI on 4 October 2016
Chris Fullerton
Arthur Cox NI
Issues covered:

Anonymity can generally be requested in a disciplinary process under any circumstances. However, an employer should take account of the reasons and possible motivations behind a request for anonymity.

If anonymity is requested in ordinary disciplinary hearings, employers must make reasonable efforts to protect this anonymity. Employers must balance the need to protect anonymity against the employee’s need to know details of the case against them. The Employment Appeal Tribunal in Great Britain has offered guidance on this issue to assist employers and tribunals in how to strike the correct balance. The guidance includes the need to consider the witness’s opportunity and ability to observe

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Back to Q&A's This article is correct at 04/10/2016

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.

Chris Fullerton
Arthur Cox NI

The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email Chris.Fullerton@arthurcox.com

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