A Quick Question Regarding Tribunal Witnesses

[UC989]

Thank you.

[UC989]

Hi,

I have another couple of questions.

My tribunal is three days long. One of the witnesses is the boss. They have obviously given a statement. It contradicts the other witnesses and the ET3. Due to this I have a lot of questions. I estimate it will take an hour or more. Is that length of time okay and normal? If it isn't I will have to cut the questions down before the tribunal because I don't want to annoy the judge.

The other question is regarding the burden of proof in employment tribunals. Is it the same as in civil cases. The judge examines the evidence and gives his or her judgement based on what is most likely to have happened?

[ULA]

Three days of itself is quite a long time for a tribunal hearing. You should be allowed to ask all your questions, however it would be good to prioritise the questions that you require answers to, based on the inconsistencies and what you really need to help prove your case. Then should there be any issue with timings you have firstly not missed an opportunity and secondly you do not get "flustered or stressed" by the situation.

In UK employment law, when a case goes to tribunal, an individual has to provide proof that what they are claiming is true - this is burden of proof. For example, in a discrimination case it would only be after the claimant provides evidence of discrimination, and the court believes that a case of discrimination may have occurred as a result, that the respondent has to provide a defence.

Tribunals make rulings based on balance of probabilities, effectively if the evidence of the claimant has a greater weight that is enough for the judge to rule in their favour. If it has less weight, then the balance of probability tips in the favour of the respondent.

I suggest that you should concentrate on just trying to persuade the tribunal of everything they need to be convinced of in order for you to win, regardless of the burden of proof. If you think the burden is on the respondent and you feel that they cannot meet it do not be complacent and don’t rely on the burden of proof, thinking I don’t need to worry about this. Work hard to ensure you do all you can to prove your case.

It will be a tough time for 3 days but you have got this far so just keep focused, try and stay calm and do not get upset or angry about any “antics” the other side tries.

[UC989]

Your advice is always very clear and easy to understand. Thank you for taking the time to reply.

My case has been delayed. It will be sometime within the next six months, if they don't cancel it again. Naturally, at first I was quite down about it. But in the end it's been very, very helpful. I wasn't as prepared and informed as I thought I was!

Thank you again.

[ULA]

it is always a dilemma between wanting to get the ET hearing over and done with but also needing to feel you have had the time to be as prepared as you can be.

Happy to keep answering your question as and when you need and to assist with helping you to be as prepared as you can be when it finally comes to the hearing.

[travelboi]

Good day

can I jump on this thread please with a question.
I am at the stage where both myself and the respondent have just disclosed documentation evidence for upcoming tribunal hearing. In their disclosure they list the witnesses that will be attending.
I am shocked that none of the personnel who conducted the entire grievance process including delivering outcomes are attending? I would of thought they would have to be there to explain the rationale behind their decisions?

thanks for any info.

[atticus]

see post #18

[ULA]

travelboi ideally we do not like posters “jumping” onto other threads as it can cause confusion both to the original poster and those of us advising.

Can I suggest that as you have, what appears to be an ongoing ET claim, that you start your own thread via the below link to the Employment forum and then just click on the New Thread button to get started:

https://legalbeagles.info/forums/forum/legal-forums/employment-law-issues

You can then use that thread to ask any questions regarding your ET claim as it progresses.