Witnesses—employment tribunals
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
  • Preparation and exchange of witness statements
  • Content and layout of a witness statement
  • More...

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: Brexit and IP completion day—implications for employment lawyers.

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

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