Importance of Contemporaneous Notes
Contemporaneous meaning
According to the definition, the term "contemporaneous" has a legal meaning. When two or more events take place at the same time or in close proximity to one another, we refer to them as occurring contemporaneously.
Contemporaneous notes
"Contemporaneous Notes" are notes that are written either at the moment of an event or immediately after it has taken place. They provide the most vivid remembrance of the events that you witnessed.
An example of a manipulative strategy that is used in the workplace is gaslighting, which is designed to weaken your confidence or view of reality. Denying, changing, or manipulating facts in order to make you question your own account of what happened is one form of deception. The majority of the time, it can result in emotional anguish and can have an effect on you over a longer period of time. Using contemporaneous notes is one method of retaliation against bosses that engage in gaslighting the employees.
How to make contemporaneous notes?
Notes that were written down after the event or as they happen, as quickly as possible after an event occurred are referred to as "contemporaneous." This is just a fancy phrase for notes that were already written down and record what is happing in the moment. These are some examples of contemporaneous notes:
The date that you penned the note of sentiment
Today is the date that the incident took place.
Who was there, and where were you located?
You have a recollection of what took place and what was said.
You will be able to establish an objective record of the events that occurred, which will assist you in proving your position.
Keep a Diary
To effectively address bullying and harassment at work, it is advisable to keep a written record or diary of all incidents. This record should include past incidents, no matter how small they may seem, and should document even minor or seemingly insignificant events. Maintaining such a detailed record can be crucial for addressing the issue, as colleagues who witness the abuse may be willing to act as witnesses, which could help your case. This record will also be valuable if you need to speak to the bully or harasser, your employer, or Viv for advice and support.
Diary of my Mental Health
It is advisable to keep a written record or diary of incidents, particularly when dealing with issues like harassment that can impact your well-being. While the sources specifically focus on bullying and harassment in the workplace, the principle of documenting incidents to address a problem is clearly supported.
Documenting Incidents: You should keep a written record or diary of all incidents of bullying and harassment. This should include past incidents, no matter how small they may seem, and should document even minor or seemingly insignificant events. The intent is for this record to be detailed and comprehensive.
Purpose and Value: Maintaining such a detailed record can be crucial for addressing the issue. It will be valuable if you need to speak to the bully or harasser, your employer, or Viv for advice and support.
Witness Support: If your colleagues witness the abuse, they may be willing to act as witnesses, which could help your case. Your detailed diary would provide a structured record for such potential witnesses to corroborate.
Legal Context (if applicable): Employers are responsible for creating and maintaining a safe workplace, free from bullying, intimidation and harassment. Harassment is defined as unwanted conduct that has the purpose or effect of violating the dignity of people in the workplace or of creating an intimidating, hostile, degrading, humiliating or offensive environment. This documentation could be relevant if the worsening mental health is a direct result of such a hostile environment.
Such a record would inherently document events that could contribute to worsening mental health, and it is identified as a crucial step for seeking advice, support, and potentially addressing the issue through formal channels.
Why do the Tribunal give weight to contemporaneous notes?
Employment tribunals tend to attach more weight to contemporaneous notes than they do to testimony based just on memory, which might be unreliable months or even years after the occurrence in question. These notes have the potential to be an essential piece of evidence if you are considering taking your employer to the Tribunal.
Furthermore, when you are experiencing days in which you feel your sanity slipping because of your boss, it is helpful to have a timeline of events that has been properly recorded. As an anchor, it serves to remind you of what took place, and it counteracts the psychological toll that gaslighting can take. Additionally, it gives you the ability to keep your clarity and trust in your reality despite the manipulation that is taking place.
An easy way to record events and notes
If you have a work diary, you can easily retain contemporaneous notes. It is simple and quick to do so; all you need to do is go to the date and add a new event to make a note and record vital facts contemporaneously. All of the entries that you make to your timeline will be timestamped automatically, providing you with a clear record of notes that you can refer to. During the beginning of the case, the judge will enquire as to whether there is a work diary.
Tribunal Services
These services are designed to provide crucial assistance at key stages of your claim, helping you to present a robust case and meet the Tribunal's requirements, all while managing costs effectively. Remember, bringing a claim properly is not about incurring huge legal fees, but about strategic, informed action and proper adherence to the Employment Tribunal's procedures.