Search

How can we help?

Icon

Use of Anonymous Witnesses in Disciplinary Hearings

In Tai Tarian Limited v Howell Wyn Christie, the Claimant (a carpenter) was dismissed by his employer following an anonymous complaint that he had made homophobic comments during a visit to a client’s property.

The ET found the dismissal was unfair, holding the employer did not have a genuine belief in the Claimant’s guilt.  It highlighted, in particular, that the dismissing officer and appeal officer  had not actually met with the complainant and that the complainant had refused to provide further information when asked to do so.  Further, the Claimant, who had 14 years’ service, had no history of similar conduct and had provided a number of character references including one from a longstanding homosexual friend of his. The Tribunal found that it was unreasonable for the employer to believe the tenant over the employer in these circumstances and that it was more likely that the woman who made the anonymous complaint had “embellished” her account.  It was noted that the Claimant had suffered a serious injury whilst at the complainant’s property which could have given her cause to embellish such a story.

During the investigation, the employer had refused to provide the complainant’s identity to the Claimant.  The ET found that it may be reasonable to withhold the identity of a complainant but that, in such circumstances, the employer should take steps to ensure a fair hearing which involves having some means to test the complainant’s account. The employer had taken the wrong stance in this case, accepting the complainant’s view from the outset and expecting the employee to prove his innocence.  It said it is even more important for an employer to look for evidence of innocence (including considering why the complainant might have cause to embellish her account) as well as misconduct when a complainant remains anonymous.

The EAT however remitted the case for re-hearing, finding the ET had substituted its view of the complainant’s credibility for the employer’s. Despite this, the EAT found the ET had made some valid criticisms of the employer’s procedure.  This included the fact that the employer had refused to provide redacted notes from both of the witness’ interviews and that the employer had failed to consider why there was a delay in the complainant making the initial allegations.

The Claimant was dismissed by his employer following an anonymous complaint that he had made homophobic comments during a visit to a client’s property

This case highlights the importance of employers conducting thorough investigations into allegations of misconduct and taking more caution when relying on anonymous witness evidence.

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Author profile

About this article

Read, listen and watch our latest insights

Pub
  • 09 July 2026
  • Litigation and dispute resolution

The Arbitration Act 2025 – Factsheet

This factsheet outlines the major reforms and key developments introduced by the Arbitration Act 2025, including updates on summary disposal, jurisdictional challenges, emergency arbitrators, arbitrator disclosure duties, and governing law in arbitration proceedings.

art
  • 09 July 2026
  • Immigration

Right to Work Checks are changing from 1 October 2026: Is your business ready?

The Home Office’s new rules, effective 1 October 2026, will overhaul right to work checks and raise the risk of civil penalties for UK businesses.

art
  • 08 July 2026
  • Privacy and Data Protection

ICO prosecutes employee under the Data Protection Act for forwarding client data to his personal email address

The issue of employees taking confidential business information or personal data when moving to a new employer remains a significant concern for businesses.

Pub
  • 07 July 2026
  • Litigation and dispute resolution

Accelerating arbitration: Expedited procedures and key changes in the new ICC Rules – Episode 2

In episode 2, Jack Hobbs (Clarkslegal) and Christopher Howitt (Three Stone) explore how the latest expedited and highly expedited procedures under the ICC Arbitration Rules 2026 are transforming the landscape of dispute resolution.

art
  • 07 July 2026
  • Employment

6 month unfair dismissal rights: What employers need to know

Under the new Employment Rights Act 2025 the minimum period of service required to qualify to bring a statutory claim for unfair dismissal has been reduced from 2 full years to 6 months from 1 January 2027 onwards.  

art
  • 02 July 2026
  • Litigation and dispute resolution

Litigation and Artificial Intelligence: Where are we now?

In the recent case of Cork and another v Smith, the High Court publicly admonished a law firm and two of its solicitors after they had produced and submitted two AI-generated letters to the court containing misleading and false information in relation to a block transfer application made under Rule 12.37 of the Insolvency (England and Wales) Rules 2016.