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Jenny McKenzie
Jenny McKenzie,
Category: UK Employment Law
Satisfied Customers: 6264
Experience:  10 Years of experience in Employment Law and HR
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We had a disciplinary with an employee yesterday. The MD held

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We had a disciplinary with an employee yesterday. The MD held the disciplinary and I joined as a witness and took notes for the MD. The staff member choose not to be accompanied. We are giving a letter to the employee in the next couple of days which outline the points raised and his response and giving our findings which will result in a written warning.

He has emailed today asking for a copy of my notes, do I have to provide these as he did not take any notes or choose to have anyone with him to take notes. My notes are brief and were for our purposes only.
Hello and welcome to Just Answer, is there any particular reason you would wish to refuse them?
Customer: replied 3 years ago.

They are not complete notes and should he have wanted to take notes then he had the opportunity to do so.

Ok understood. The difficulty you have is that if you refuse at this stage then he could make a request under the Data Protection Act. Under the Act he has the right to all written infromation you hold about him and you can be reported to the Information Commissioner if you fail to supply the notes. You can request a £10 fee and you have 40 days to produce the information.

It is obviously up to you whether you want to refuse the notes and this stage and then see if he puts in the formal request and supply them if you are put in a position whereby you have to supply them.

If you have any follow on questions please do ask. If I have answered your question I would be grateful if you would be so kind as to give my answer a positive rating. Thank you and all the best.
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Customer: replied 3 years ago.

hi Jenny


Just another quick question. What is the timescale for getting back the employee with the notes and the decision on the disciplinary please? Also do we have to take notes in the disciplinary and what happens if we don't?

It is always advisable to take notes in a disciplinary, if there is ever an issue as to whether the outcome was fair and there is a tribunal as a result the Employment Judge would expect to see a record of the hearing from the employer in the evidence and it could harm your case if these notes are not produced..

There is no strict timeframe but it shoudl be reasonable. I would say no more than a week for a business of your size.
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