What the role is
The note taker produces the written record of the meeting. That record may later be read by the decision maker, an appeal panel and, if a claim follows, an employment tribunal.
The Acas guide suggests arranging for someone not involved in the case to take a note. It describes that person as able "to act as a witness to what was said". The role is to record the meeting, not to take part in it.
Independence and neutrality
A note taker should have no stake in the outcome. Avoid the investigator, a witness, the employee’s line manager or anyone named in the allegations or the grievance.
Neutrality shows in the notes themselves. They record what each person said, in the order they said it, without comment. Any description of conduct in the room should be factual and limited to what matters.
If the note taker knows the employee or has heard about the case, they should say so before the meeting. You can then decide whether someone else should take the notes.
Not participating or advising
The note taker does not ask questions about the allegations, give views or advise anyone present. Some employers’ own guidance tells note takers not to speak during hearings, other than to ask for clarification.
Limited exceptions are sensible. A note taker may ask someone to repeat a name or a figure, or ask the chair for a short pause to catch up. These requests should be rare and noted in the record.
An HR adviser who attends to advise the chair has a different role. If one person both advises and takes the notes, it can be harder to show that the record is impartial. Where you can, keep the two roles separate.
Confidentiality
Acas says disciplinary records should be kept confidential, and that the outcome and details must remain confidential. A note taker should not discuss the meeting with anyone outside it. Drafts should go only to the people you have named.
Practical steps include:
- agreeing in advance who receives drafts and final notes
- sending notes through a secure route rather than personal email
- deleting working copies once the final version is filed
- keeping handwritten notes secure and destroying them in line with your retention schedule
Accuracy
Accurate notes record the substance of each question and answer, who spoke and when. They do not fill gaps with what someone probably meant.
If something was missed or unclear, the notes should say so, for example "[not heard]". A marked gap is easier to resolve than a hidden one. Draft the notes promptly, while memory is fresh.
When notes are disputed
Employees sometimes disagree with the notes. Acas guidance on grievance meetings suggests asking the employee to confirm the notes are accurate. Some employment lawyers prefer not to seek agreement, and suggest attaching any points the employee disputes.
Whichever approach you take, keep the original version unchanged. Record any corrections you accept in a new, dated version, and keep the employee’s comments with the record.
The note taker can help by checking a disputed passage against their original notes or an agreed recording. If a claim reaches a tribunal, the tribunal will reach its own view of what happened.
Internal and external note takers
Either can work. The right choice depends on the case, the people involved and how easy it is to show independence from within your organisation.
| Point | Internal note taker | External note taker |
|---|---|---|
| Knowledge | Knows the organisation, names and terms | Needs a briefing on names, roles and terms |
| Independence | May know the people involved | No working relationship with anyone present |
| Availability | Depends on other duties | Booked for the meeting |
| Data protection | Covered by your own policies | Processes data on your behalf, so needs a written contract |
| Cost | Staff time | A fee |
UK GDPR requires a written contract with anyone who processes personal data on your behalf. ICO guidance sets out what that contract must cover. Agree confidentiality, transfer and retention terms before you share any case material.
An external note taker may suit cases where independence is hard to show internally. Examples include small teams, senior staff or allegations against HR.
Live notes and notes typed up afterwards
Notes can be typed live during the meeting, or written by hand and typed up later. Each has trade-offs.
Live notes:
- can be ready sooner, as most of the typing is done in the room
- can be checked by the chair at each adjournment
- can be shown on screen if everyone agrees, so the record is visible as it forms
Notes typed up afterwards:
- may suit a setting where a laptop would be intrusive
- rely on handwriting and memory, so detail can be lost
- take longer to produce
Live capture has limits. Fast speech, several speakers and people talking over each other all make a full record harder. If an exact record matters, an agreed recording kept for checking can support the notes.
If you would rather have an independent note taker, see disciplinary and grievance meetings.
Sources
- Acas: Discipline and grievances at work, the Acas guide (PDF)
- Acas: Step 6, after the disciplinary
- Acas: Step 4, the grievance meeting
- Squire Patton Boggs: disciplinary issues in the workplace, questions answered
- Moorepay: why is taking notes so important?
- University of Edinburgh: disciplinary policy guidance for note takers (PDF)
- ICO: when is a contract needed between controllers and processors
General information, not legal advice. Check the current Acas Code and your own procedure, and take advice on a specific case.