Features

Childcare Counsel - disciplinaries and bullying

Our resident employment lawyer, Caroline Robins, senior associate solicitor at Eversheds Sutherland, answers your questions

A nursery has recently decided to discipline a member of staff. Along with the letter inviting the employee to the disciplinary hearing, should there also be a copy of information collated as part of the investigation? Can the nursery withhold witness statements?

The documents enclosed above should give sufficient detail of the basis of the case against the employee. Usually, this obligation is met by including all information gathered during the investigation, including any report and witness statements. In order to enable the employee to have a fair opportunity to challenge any evidence, the source of the information should usually be included.

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