5. What evidence needs to be provided; are statements required?

It would normally be appropriate to provide copies of any written evidence with the disciplinary hearing invitation/notification which may include any witness statements. That may include any witness statements, written evidence (including emails), images, etc. The focus should be on ensuring the employee knows the case against them to the fullest extent reasonable and that they can prepare for the disciplinary hearing.

Employers should bear in mind that employees can obtain further documentation through a Data Subject Access Request (the response to which can be redacted to the extent necessary e.g. to protect other employees’ data) or disclosure in civil or criminal proceedings (e.g. an Employment Tribunal claim).

Case law tells us that an accusation or charge against an employee should be “precisely framed”. An employer cannot ‘charge’ for one reason and later dismiss for another.

The precise level of evidence and range to be provided will always be a very fact-specific question.