All .....Help please.............
An investigation is currently being carried out by the Council solicitors. This entails them taking statements from members of staff about an incident which involved an employee. The employee is also due to give a statement but has posed the question to me:
1. Can I have copies of the statements that have already been made by other members of staff as they could be libelous, malicious etc.
I have said that I am sure there is an exemption here whilst an investigation is being carried out. A report is to be made on the incident and the line managers concerned will then decide whether disciplinary proceedings should be commenced.
I have said that should a disciplinary hearing be started then the employee would be entitled to the statements then.
If it is decided that there are no grounds for a disciplinary hearing can the employee still get copies of the statements to find out what has been said i.e. if it is malicious/untrue etc.
Any comments would be greatly appreciated.
Dor
Doreen Broom
Access to Information Officer
Scottish Borders Council
Tel: 01835 826516
Fax: 01835 825041
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