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I have recently ben involved in a discipline proceedings…

Customer Question
I have recently ben...

I have recently ben involved in a discipline proceedings where an individual who has forged documents in the case appears to have been treated as a witness of truth

Lawyer's Assistant: Please give me a bit more information, so we can help you best.

The allegation was that a hardcopy was produced late and backdated. when comparing the hardcopy and the electronic copy there were two words different . the accuser is the person who createdd the electronic copy and the panel chair although knowing the documents did not match still accepted the word of the accuser as truthful witness as the original could not be found

Lawyer's Assistant: Is there anything else the Employment Lawyer should be aware of?

No i am simply trying to understand the principles of witness of truth and the use of known forged documents in Hearings

Submitted: 2 years ago.Category: UK Employment Law
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Answered in 5 minutes by:
3/1/2016
Solicitor: Ben Jones, UK Lawyer replied 2 years ago
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 50,503
Experience: Qualified Employment Solicitor
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Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. What was your involvement in this procedure?

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Customer reply replied 2 years ago
defendant
Solicitor: Ben Jones, UK Lawyer replied 2 years ago

Did the word which was different have an impact on the outcome?

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Customer reply replied 2 years ago
The words are unimportant, the principle was when the documents were produced . the allegation is that the documents did not exist before the date of the new one with the wrong words were produced
no one has found the electronic copy of the original
Solicitor: Ben Jones, UK Lawyer replied 2 years ago

What was the outcome of the disciplinary?

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Customer reply replied 2 years ago
dismissal
Solicitor: Ben Jones, UK Lawyer replied 2 years ago

And your length of service with this employer?

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Customer reply replied 2 years ago
23 years exemplary service
Customer reply replied 2 years ago
BenRather than the exact detail i am after the principle and any stated casesthanks
Solicitor: Ben Jones, UK Lawyer replied 2 years ago

Employment disciplinary proceedings are not subject to the stricter rules one may find in court hearings especially criminal ones. So what happens in court and what principles are applied there do not reflect in internal disciplinary proceedings. The rules are not as strict, there is no such thing as witness of truth and rules on who can and can’t be. Similarly the use of allegedly forged documents is not prohibited in any way directly. It is essentially for the employer to decide whether the evidence is something they would like to use based on their reasonable investigation to date. Proving that a document was forged does not legally prevent the employer from using it in the proceedings, if they genuinely believe that it is not forged or that it is relevant evidence.

Employment proceedings based on misconduct are basically governed by the ACAS Code of Conduct and one of the main cases which is that of Burchell. Neither contains any specific reference to the issues you face and I know that in reality there is nothing specific which you can rely on. A dismissal can be fair if the employer shows that they had followed the specified steps in law. If there is compelling evidence that the witness evidence was untrue then you could argue that the employee should not have placed as much weight as they did on it when making a decision but that is for a tribunal to decide, rather than something you can force them to rule based on any laws.

This is your basic legal position. I have more detailed advice for you in terms of the specific procedure expected of an employer to justify a dismissal was fair, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you

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Solicitor: Ben Jones, UK Lawyer replied 2 years ago

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

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Solicitor: Ben Jones, UK Lawyer replied 2 years ago
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