Interviews and attendance
An investigator will interview:
- employees under investigation
- complainants
- witnesses
Witnesses should:
- attend the interview
- co-operate fully
- provide all the facts they are aware of
- provide any supporting evidence
- attend any subsequent disciplinary hearing
The employee under investigation may identify witnesses in their support. The investigator will consider the need to interview them. We do not usually need any character reference interviews.
Refusal to be interviewed
We accept that interviews may be difficult and distressing for employees. For some, they may be reluctant to co-operate for fear of reprisals. However, we expect employees to attend.
We will not tolerate the abuse of anyone for co-operating with an investigation. Any unfair treatment should be reported to management or raised with the investigator. We may treat such behaviour as misconduct.
Interview order
The investigator will decide in which order the interviews are to take place.
The employee under investigation can request an early interview. The investigator will consider any such request. If granted, they may need to be interviewed again at the end of the process, for clarification purposes.
If any person interviewed later remembers something important, they should contact the investigator. The investigator will arrange a further meeting or telephone interview. Additional discussions are subject to the timescales for completion of the investigation.
Attendance
The investigator, manager or HR adviser will contact the employee to arrange the interview. The employee may have the interview rescheduled if:
- they are sick
- their representative is unable to attend
The timescale for the interview will follow the relevant policies. For prolonged absence, the interview may be carried out by:
- telephone
- or, by providing questions in writing
For a minor witness, the investigator may decide that the evidence is not that important. The interview may not take place.
Interviewing based on written questions and answers is the last resort. It is not an option automatically available to employees. We reserve the right to clarify the information provided with a face-to-face interview. An interview will be when required and if practicable.
Support
Employees may feel worried when they are involved in an investigation. We will not put issues on hold while waiting for an employee to return to work. We may refer an employee to occupational health. They will receive advice and guidance on their ability to return to work and taking part in the investigation.
All our employees have access to free and confidential counselling service. The contact details are:
- Telephone: 01522 555440
- Email: emp.supportandcounselling@lincolnshire.gov.uk
The employee who is the subject of the investigation may have a support officer identified. If appropriate, other participants, such as the complainant, may have one too.
If the employee is a member of a trade union, they can access support through them.
The employee and witnesses can be accompanied by:
- a work colleague
- or, recognised trade union officer
There is generally no need for witnesses to be accompanied.
During an interview, the role of the chosen representative is as 'silent support'. The chosen representative should:
- not take part in the interview other than to seek clarification of issues
- not answer questions on the employee's behalf
- maintain the same confidentiality as the employee
Recording the interview
We do not usually permit audio or video recording of meetings or hearings by employees or representatives. We may allow it for specific reasons, such as a disability. The employee or witness must contact the interviewer or HR adviser in advance to request the recording.
The note-taker may find it necessary to make an audio recording to ensure accurate minutes. The interviewer will clarify this with all present at the start of the meeting.
When using tape recording equipment:
- The investigating officer will explain the process. They will ask the witness if they would like a copy of the transcribed interview. The witness will then sign and date a declaration which will say if they requested a copy at the time. The declaration is added to the bundle if the case goes to a hearing. The employee, who is the subject of the investigation, receives a transcript of the interview. They will also sign and date the declaration at the time of the interview.
- The process and the declaration are recorded as part of the interview. When not using tape recording equipment, employees receive a copy of their statement. The interviewer will ask the employee to confirm this as a true and accurate record of the interview. Further interviews can happen if there are other allegations of misconduct.