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Acas provide guidance on how to handle reluctant witnesses in investigations

Acas highlight that establishing the facts around an incident at work will often rely on witnesses giving statements about what has happened.

Acas highlight that establishing the facts around an incident at work will often rely on witnesses giving statements about what has happened. But sometimes witnesses are reluctant to speak out and Acas have provided guidance on handling the situation. Acas point out that If witnesses have concerns, it’s up to the investigator to explore the issues, put interviewees at ease, and resolve any outstanding problems they have about providing information. In exceptional circumstances, investigators could agree to anonymise a witness statement, for example, where a witness has a genuine fear of reprisal. However, Acas advise that anonymity should be avoided as it’s likely to put the employee under investigation at a disadvantage. It is much harder to challenge evidence when it is given anonymously.

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The aim is to provide summary information and comment on the subject areas covered. In particular, where employment tribunal and appellate court cases are reported, the information does not set out full details of all the facts, the legal arguments presented by the parties and the judgments made in every aspect of the case. Click on the links provided to access full details. If no link is provided contact us for further information. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.

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