The need for first hand witness evidence in disciplinary hearings

legal_updates

Hearsay evidence is irrational and breaches an employee's rights to a fair hearing.

Author: Dennis Chapman
Published:
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This article is 10 years old.

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An appeal case (R(on application of J P Bonhoeffer v General Medical Council 2011)) emphasised the need for first hand evidence wherever possible in disciplinary proceedings and avoiding hearsay evidence. 

In the particular case the question of a consultant paediatric cardiologist’s guilt of serious sexual misconduct was raised in disciplinary proceedings.  The hearing did not acquire the direct evidence of a witness and it was held that the decision to use hearsay evidence was irrational and breached Mr Bonhoeffer’s rights to a fair hearing. 

Lawgistics advice would be to always seek the best evidence since claims will be considered on the basis of a fair disciplinary hearing.

Dennis Chapman

In remembrance of Dennis Chapman 1951 -2015

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