From time to time our organisation needs to conduct workplace investigations. Recently, we have been advised to get written statements from all witnessing staff at the time of an incident that may need to be investigated. What, if any, are the pitfalls to this approach?

The conduct of any work-place investigation will be dictated by the nature of the incident(s) being investigated. However, the requirement of fair procedures will underpin all such investigations especially with regards to witnesses and their evidence. Witness statements may be necessary to determine the events which occurred in respect of the subject matter of the investigation, and the conclusions of any investigation must be drawn from evidence of facts – which may include witness statements.

When obtaining witness statements, employers must be cognisant that the individual(s) who are the subject matter of an investigation (in a disciplinary or grievance context) are entitled, as part of