Can you anonymise witness statements from a grievance or disciplinary procedure?

Yes, an employer can anonymise witness statements obtained during a grievance or disciplinary procedure. That said, while there is no legal requirement to disclose the identity of witnesses, failure to do so undermines the employee's right to challenge properly the evidence.

Employers have an obligation to undertake a fair disciplinary procedure, which will include attempting to obtain reliable, corroborated evidence.

The employer should explore the witness's reasons for wishing to remain anonymous and decide whether or not to disregard such evidence or consider it holds less weight than named witnesses.

It should consider allowing the employee to formulate written questions to be put to the anonymous witness through the employer. The witness's answers can then be examined during the disciplinary process.

The employer should make the witness aware that their anonymity cannot be guaranteed. If the matter results in legal proceedings, they may be subject to a witness order requiring their attendance at the tribunal to provide evidence in the proceedings.