Q&As

Can a staff counsellor employed by the respondent employer be called as a witness in employment tribunal proceedings, even if the counsellor has concerns about breaching their duty of confidentiality towards the claimant employee?

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Published on LexisPSL on 28/09/2018

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • Can a staff counsellor employed by the respondent employer be called as a witness in employment tribunal proceedings, even if the counsellor has concerns about breaching their duty of confidentiality towards the claimant employee?

LexisNexis® Employment are not aware of any case law on this specific issue.

It may, however, be useful to consider:

  1. whether the counsellor will attend voluntarily, or whether a witness order would be required

  2. the nature of the evidence the counsellor is expected to give

  3. the na

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