Witnesses—employment tribunals

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Witnesses—employment tribunals
  • Witness orders
  • Witness order on a party's application
  • Witness order on the tribunal's own initiative
  • Expert witnesses
  • How experts give evidence
  • Where a joint expert displays bias
  • Admitting further experts in addition to a joint expert
  • Instructing an expert
  • Preparation and exchange of witness statements
  • More...

Witnesses—employment tribunals

Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until further notice are operating in accordance with the Presidential guidance and directions now issued, which profoundly affect normal practice. See Practice Note: Operation of employment tribunals during the coronavirus (COVID-19) pandemic for full information.

This Practice Note covers issues relating to:

  1. gathering witness evidence before the final trial and creating witness statements

  2. securing the attendance of witnesses at tribunal

  3. use of expert witnesses, and

  4. the status of a witness's testimony in law (judicial proceedings immunity)

See Practice Note: Conduct of employment tribunal hearings—general: Procedure regarding witnesses and witness statements instead for information on what happens at a tribunal hearing with regard to:

  1. the procedural aspects of calling witnesses, and

  2. the use of witness statements

For information on data protection issues in the context of employment tribunal proceedings, see Practice Note: Employment tribunal proceedings—data protection issues.

Witness orders

The employment tribunal has the power to order any person in Great Britain to attend any hearing at the tribunal to give evidence, produce documents, or produce information. Such orders are usually known as 'witness orders'.

As the power only applies in respect of a person in Great Britain, the employment tribunal does not have power under the employment tribunal rules to make a witness order in respect

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