Can I use unsigned statements in a case of gross misconduct?31st December, 2011 by Brian Butler
I am trying to get evidence from witnesses to support a possible case of gross misconduct. The witnesses do not wish to sign the statements. Can I use the statements in the disciplinary meeting and if the case ended up in an employment tribunal could it hold that I had relied on insufficient evidence?
Answer: The test in an employment tribunal is the test of reasonableness. If it was not reasonable for you to obtain signed witness statements they would be accepted. Having said this they will not carry as much weight as signed statements. One thing you can do is to block out the signature before it is relied on at the disciplinary meeting.