Case law sets the conditions for the admissibility of this means of evidence, which is very useful in discrimination cases: an explanation.
The French Court of Cassation (Cour de cassation) allows the use of anonymised witness statements, subject to strict conditions. This development is part of a broader trend towards widening the right to evidence, while maintaining essential safeguards to guarantee a fair trial.
What an anonymised witness statement is
Absolute anonymity must not be confused with regulated anonymisation. An anonymised witness statement is one whose author’s identity is known to the employer (and sometimes to the public officer who takes it down), but deliberately concealed from the opposing party for safety reasons. The aim of this measure is to prevent reprisals against employees who act as witnesses, often in situations of internal tension.
The conditions for admissibility
Such statements cannot on their own form the basis of a court decision. They must be corroborated by other evidence, allow for adversarial debate and be produced in a framework that guarantees their reliability. Their admissibility depends on a proportionality test: the infringement of the rights of the defence must be strictly necessary to protect employees’ safety and to allow the employer to exercise its right to evidence.
Why this development matters
In its decision of 19 March 2025 the Court of Cassation recognised the admissibility of anonymised witness statements and thereby took account of the realities of the working world, in particular situations where an employee creates a climate of fear. The employer, which is bound by a duty to ensure safety, must be able to act without exposing other employees. This solution therefore paves the way for better protection of witnesses, without sacrificing the rights of the defence.