The following Employment Q&A provides comprehensive and up to date legal information covering:
LexisNexis® Employment are not aware of any case law on this specific issue.
It may, however, be useful to consider:
whether the counsellor will attend voluntarily, or whether a witness order would be required
the nature of the evidence the counsellor is expected to give
the nature of the counsellor’s duty of confidentiality
exploring with the claimant whether he or she would be prepared to waive any duty of confidentiality owed by the counsellor
whether the evidence sought could be provided by an alternative witness, eg a jointly-instructed expert witness
The following Practice Notes may be of relevance:
Witnesses—employment tribunals, in particular the sections headed Witness order on a party's application and Expert
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