Witnesses are an important cornerstone of investigations, with their testimonies providing much-needed clarification and input that shapes the way an investigation unfolds. In the majority of cases, witnesses understand the need for their testimony and cooperate willingly. However, as most employers may know, this isn’t always the case, and there is a category of witnesses who are reluctant to speak up and share valuable information.

If one or two of many witnesses don’t want to participate in the investigation, it may not have much of an impact, and the investigation could proceed unhindered. However, in cases where there are only a few key witnesses, or they are the only source of crucial information, a lack of witness cooperation can quickly become a significant hurdle to deal with and result in many unanswered questions. 

Failing to provide the support and reassurance witnesses may require can ultimately cause the entire investigation to stall or come to an unsatisfactory outcome. But how exactly are you supposed to encourage a hesitant witness to provide an open and honest testimony? We begin this article by first exploring what may be causing their reluctance and then discussing what facilitative options you have to support them in speaking up.

Common Reasons for Witness Hesitancy

Figuring out why a particular witness doesn’t want to share what they may know about an incident is an important first step. Without knowing their reasons, you will struggle to figure out what the best approach would be moving forward, even if that ultimately means you choose not to obtain their testimony. There are some common reasons for witness reluctance in speaking up, and they include:

  • General fear of involvement

This is where the witness wants to avoid getting involved in the investigation at all because they fear it could lead to personal or professional problems. This can be due to past experiences, lack of knowledge about organisational processes or discomfort with being part of a formal inquiry.

  • Feeling targeted or singled out

Some witnesses can take being asked to provide testimony as an accusation in itself, especially if they have personal connections to those involved or are close to the situation. They may perceive it to be unfair because they are being asked to get involved if they aren’t personally responsible.

  • Fear of retaliation

One of the strongest deterrents for witnesses is the fear of retaliation, particularly in cases where the investigation involves higher-ups or colleagues who might take retributive action. Witnesses may fear losing their jobs, being ostracised, or facing other negative consequences if their involvement in the investigation is discovered, which can make them hesitant to come forward with information.

  • Medical reasons

In some cases, a witness may be unable to provide testimony due to a mental or physical condition that may or may not be related to the incident being investigated. A witness who has medical evidence to support their decision not to participate is entirely within their right to do so, and the investigative team will have to decide whether they want to wait for an improvement in their health or proceed without their testimony. 

  • Former employee

Having to reach out to former employees in the course of an investigation is not uncommon. However, a former employee may feel no obligation to help out, especially since they are under no formal obligation to cooperate. They may be busy, uninterested or feel disconnected from the organisation and the case.

  • Possible guilt

Witnesses may also refuse to speak up if they have (or feel they have) some form of guilt or complicity with regard to the case. They may be afraid that their testimony will expose them or make them appear culpable in some way. A resulting desire to protect themselves from possible consequences can create a strong barrier to communication, regardless of whether they are guilty or not.

  • Colleague loyalty

A sense of coworker loyalty or friendship with the involved parties can be a strong motivator for witnesses to be unwilling to talk. Speaking up may feel like a betrayal of trust, which can make it very uncomfortable to be open and honest in their testimony.

Ways to Encourage Witnesses to Speak Up

Below are some tips that you can employ to guide your approach to managing a reluctant witness. These are aimed at witnesses who are hesitant and have some concerns regarding their testimony, but are not entirely closed off to the idea.

  1. Adjust Your Approach Based on the Witness

To encourage participation, be adaptable and willing to meet them where they are. For instance, if a witness doesn’t want to interview in person, try offering them an online or phone interview. If a witness doesn’t want to be recorded, stick to detailed written notes instead. Of course, a recorded statement is ideal for accuracy and evidence purposes, but notes can still provide valuable information and may be the difference between obtaining a testimony and facing outright refusal. To ensure the accuracy of your notes, where no recording is available, it is best to provide a copy back to the witness for them to confirm that it is a true record of your conversation.

Flexibility also extends to scheduling—try to accommodate their availability and minimise disruptions to their personal or professional commitments. Making the process as convenient and stress-free as possible can help reduce reluctance and increase the likelihood of cooperation.

Witnesses
  1. Demonstrate Empathy

When a witness is hesitant to speak, it’s essential to first acknowledge their concerns and let them know that the choice is up to them. This shows them that they have some influence over what’s going on, rather than making them feel pressured or cornered. Pushing too hard or demanding explanations for their reluctance can create frustration and resistance, making them even less likely to cooperate.

You can also show empathy by appreciating them for their time and acknowledging that they’re doing something difficult. This way, they are not made to feel as if their hesitance is being perceived as an act of defiance, dishonesty, or a refusal to cooperate, but rather as a natural response to a challenging situation.

  1. Demonstrate Purpose

Understanding why their testimony is needed and the purpose it will serve can help clear up the doubts and confusion witnesses may have about why they’re being questioned. Knowing how their input fits into the bigger picture of things can also alleviate concerns about being targeted. Be as clear as you can within the bounds of confidentiality about the value of their testimony in reaching a fair outcome and improving policy and culture to prevent similar incidents.  This makes it easier for witnesses to open up, knowing they’re not being singled out but instead playing a key role in a fair workplace investigation.

  1. Open-ended Questions

Open-ended questions give the witness space to talk and contribute information that you may not have necessarily anticipated. Twenty closed questions that elicit simple “yes” or “no” answers can provide less information than five open-ended ones, especially if the conversation is rushed or the witness is cut off in an attempt to get through a long list of questions. Open-ended questions allow the witness to feel more in control of the conversation, making them more comfortable and willing to share. Additionally, it can uncover unexpected leads or clarify inconsistencies that would’ve otherwise gone unnoticed in a closed-question approach.

How Polonious Can Help

Encouraging witness cooperation is crucial, and Polonious helps by streamlining case management, ensuring confidentiality, and automating key processes. With features like confidential case tracking, automated workflows, and secure communication, we help organisations conduct fair and effective investigations while ensuring witness trust and data security.

Transform the way your organisation handles workplace investigations—schedule a demo of Polonious today and experience the difference for yourself!