­Anonymized witness statements may be admissible in court

Court of Cassation, Labor Div., March 19, 2025, no. 23-19.154

The French Court of Cassation has ruled that, under certain conditions, an employer may rely exclusively on anonymized witness statements to justify a disciplinary sanction or dismissal.

In the case that led to the decision of March 19, 2025, an employee was dismissed, notably for his aggressiveness and the climate of fear he created in the company. Out of fear of retaliation, his colleagues agreed to testify only on the condition that their statements be made anonymous.

Previously, judges who received such testimonies could only consider them only if they were corroborated by other evidence.

In its March 19, 2025 decision, the Court of Cassation now accepts that such testimonies can be considered without other corroborating evidence, provided that:

• Anonymization is justified by the need to protect the witness employees, whose identities are known to the employer and the bailiff who took their testimony,
• The accused employee can respond properly to the content of the testimonies,
• The production of anonymized witness statements is essential to the employer’s right to evidence.

This decision provides an additional tool to protect employees who testify about facts leading to a sanction or dismissal, while safeguarding the disciplinary procedure, as long as the necessity of using anonymized witness statements can be justified.