Emplpyment Tribunal witness attend

[da3533]

Hey,

I have a hearing in 1 months time for a case against my employer. We have already swapped evidence and witness statements.

one of my witnesses cannot attend court to be cross examined…. What shall I do?

do all witnesses who written and submitted statements have to go to court?

[ULA]

Yes, all witnesses who make a statement need to attend as the other party has the right, as part of due process to cross-exam the witness and their statement.

When were you notified of the hearing date?

Did you check with the witness when the date of the hearing was sent to you that they would be available on that day?

What is the reason that the witness cannot now attend the hearing?

[dslippy]

Check with the other side whether they do require his peronal attendance, or whether they can accept his (or indeed any other witness') evidence as is.

[ULA]

The issue you are likely to have if a witness does not attend, other than the other side not having the ability to cross exam, is that it may lead a tribunal to draw adverse conclusions about the strength of your case on that issue. The likelihood is that the tribunal will attribute less weight to such evidence than direct verbal testimony because there is no opportunity to cross-examine the witness. In addition, the reason for the witness's absence is likely to be relevant to the tribunal's decision as to how much weight, if any, is given their statement.