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New Witness statement

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  • New Witness statement

    Hello, I was hoping for some advice regarding employment tribunal witness statements. I have a tribunal coming up on the 17th June. The respondent has recently employed the services of a solicitor.

    We have exchanged all documents prior to this as directed by the Tribunal. The HR manager involved has left the company and at the time of exchange submitted no witness statement.

    Today out of the blue, I have received a revised evidence bundle and a new set of witness statements including one from the previously absent HR manager.

    My question is can they just introduce new witnesses without warning? The reply I got upon asking the solicitor about it was that they can.

    They said “Please note that prior notice did not need to be given prior to submitting *name removed” witness statement, nor do we need permission from the Employment Tribunal. Adding an additional witness at this stage does not prejudice your claim”.

    Is this correct please as it appears to me that the statement has been written (it isn’t dated) after the event and sometime after having my witness statement.

    Thank you in advance for any help.
    Tags: None

  • #2
    There is an ongoing obligation to disclose all relevant documents. What may come into question is whether there has been any prejudice to you in not having been able to consider the documents in advance of the hearing and prepare your case accordingly.

    Given that the hearing is just over 3 weeks away the respondent is taking the view that this is enough time for you to consider the new documentation and does not prejudice your claim, even though they are being disclosed later than the given deadline.
    If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

    I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

    I do my best to provide good practical advice, however I do so without liability.
    If you have any doubts then do please seek professional legal advice.


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    Comment


    • #3
      Don't know if it applies to ET but CPR Practice Direction 22 requires:" 2.5 A statement of truth must be dated with the date on which it was signed."

      Comment


      • #4
        Yes des8 the witness statement should be dated and signed by the witness at the bottom with a statement of truth which is a sentence stating that they believe that the facts in the statement are true.
        If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

        I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

        I do my best to provide good practical advice, however I do so without liability.
        If you have any doubts then do please seek professional legal advice.


        You can’t always stop the waves but you can learn to surf.

        You are braver than you believe, smarter than you think and stronger than you seem.



        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        Comment


        • #5
          Thank you for the replies, they are most helpful.

          Comment

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