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Introduction to this document

Letter enclosing witness confidentiality agreement and undertaking

Where you require an employee to sign a witness confidentiality agreement and undertaking, it's only right that you explain the seriousness of the document to them. This should include the likely consequences if they breach it. Our covering letter sets out your expectations and the sanctions you may impose if they're not met.

Explaining the position

Taking part in a disciplinary investigation is a serious matter. As a result, you should ask all witnesses involved in the proceedings to sign a confidentiality agreement and undertaking. Doing this ensures they're under no illusions as to what’s expected of them; for example, that they:

must treat the matter confidentially (both inside and outside of your organisation)
should not contact any other witnesses to the proceedings with a view to discussing the matter
are expected to fully co-operate with you, or any third party you instruct to act on your behalf throughout the entire proceedings
could be asked to attend a tribunal and/or court to give evidence on your behalf
may be subject to disciplinary action themselves for gross misconduct if they breach the terms of your agreement and their undertaking.

This will also ensure that the confidentiality of the employee(s) at the centre of the allegations is protected.

Sign the document

Our Letter Enclosing Witness Confidentiality Agreement and Undertaking draws the terms of the document to their attention. It also points out the implications of any breaches on their part. If this occurs, there's no reason why you can't treat it as gross misconduct, i.e. it could result in their dismissal. This must be spelled out to the employee.

Finally, on a practical point, always enclose two copies of the witness confidentiality agreement and undertaking. The employee should retain one; the other must be signed and returned to you for your records. It's unlikely they'll have any issues with signing this document, but if they do have queries, deal with them promptly.