Question regarding Employment Tribunal

[LuckPeter]

What are some reasons why Employment Tribunal would approve an subpoena application for someone to attend a final hearing?

[ULA]

Firstly, it is not a subpoena, it is a Witness Order.

Presidential Guidance sets out the following:

"An application for a witness order may be made at a hearing or by an application in writing to the Tribunal. In order that the Tribunal can send the witness order to the witness in good time before the hearing, it is important to make any application as soon as possible. A witness order might be refused if the attendance of the witness cannot be ensured in time"

Different cases will attract different reasons for/against exercising the discretion to issue a witness summons. However there are two key point that a Tribunal will have to consider:

1. The relevance of the witness evidence
2. The necessity for the witness order.

However, even when the relevance and necessity tests can be satisfied that will not automatically result in a witness order being made.

[LuckPeter]

Thank you for your previous information.

What if this person is named in my claim as one of the Respondents but the solicitor for the other side did not put this person on the list as one of the witness to be called from the Respondents side during the final proceedings.

Also, if the second person I want to be included as the witness during the final hearing is a person mentioned in my claim and during the investigation this person was interviewed and gave statement regarding my claim.

Can I make an application for witness order based on these facts and because both these people were part of the investigation and provided statements regarding my claims? If the enough to satisfy this application?

[ULA]

All witnesses need to prepare a written statement, will these individuals have done that?