Urgent advice needed - witness summons

[Mms0311]

Hi,

I'll try to be brief in explaining the background.

I am pursuing an unfair dismissal and disability discrimination claim against my former employer.

The final hearing was originally due to take place in June 2023, but was postponed following an application days before the hearing was due to start. This was due to their main witness suffering with anxiety and being to unwell to appear.

At the time I asked the respondents representative whether, rather than postpone the hearing, we could request that the hearing go ahead and the witness statement be taken as read. She told me that that was not and option as it is 'not how things work' and I must have the opportunity to cross examine the witness. The postponement was subsequently granted.

Now, some 17 months down the line, the relisted hearing is due to take place next week. I have just received an email from the respondent,'s representative saying that the witness won't be attending next week's hearing as she is suffering from stress and anxiety at the prospect of giving evidence, and the respondent 'doesn't wish to put her through it'

Whilst I am not unsympathetic, you can imagine that I am not best pleased about this, to put it lightly - most of the questions I have prepared for next week are for this particular witness.

I intend to write to the tribunal seeking a summons - can anyone please provide a template I can use to do this?

Thanks in advance

[Mms0311]

Not clear from my post above, but the original hearing was postponed at the respondents request and I objected at the time.

[PallasAthena]

I can't help with the legal aspects of this but as a practical matter it seems likely that any attempt to compel this witness to attend will fail as they will simply produce medical evidence that their stress and anxiety are of such a high level that their GP will certify that they are medically unfit to attend the hearing. And further deferrals will achieve nothing as the stress and anxiety will recur.

[Pezza54]

post deleted.
Employment tribunal, not civil court claim

[atticus]

Let's forget this witness for a moment.

Can you prove your case? Do you have all the evidence that you need?

Going back to this witness, why do you want the other party to produce him or her? What if your cross examination goes wrong? Might you not do best to proceed, calling your evidence and dealing with such witnesses as the other party does call at the hearing?

See also my post in your previous thread.

[Mms0311]

The main issue really here is that I, a litigant in person, was told in no uncertain terms by the respondents' representative before the hearing planned for last year, that there was no alternative to seeking a postponement, as the witness must be present.

Given that advice, and the fact of the delay in reaching the relisted hearing date, I don't think it is now reasonable of them to suggest that the witness should not appear.

I can't remember if I mentioned on my other thread, buty own view is that the witness probably doesn't want to attend as she does not want to be put into a position where she is forced to lie. There are very many discrepancies in her witness statement and the documents within the bundle that I (and no doubt the panel) would like clarification on. As you can see, I was content to go ahead without her presence last year, but was told in no uncertain terms by the respondents solicitor that that was not possible.

Copied below the email exchange with the respondents solicitor last year

Dear [claimant]
I have just received information requiring that I make an application to postpone the hearing next week.
Our main witness has recently experienced extreme anxiety due to a recent incident and was absent from work Wednesday, Thursday
and Friday last week, with nausea and vomiting, unable to eat or get up from her bed. She was only able to make contact with the
Employee Assistance Programme for support on Friday and has further sessions planned with them. She is to be referred to
Occupational Health. As such she is presently not in a position to attend the hearing due to this extreme mental health issue for which
she will need treatment.
We have a duty to put this proposed application to you and would appreciate you corresponding directly with me as to whether you
agree with this. Once I have your response I will be writing to the Tribunal. Please do not copy in the Tribunal in our pre application
correspondences, it is only one I officially make the application that they will be coped in

Dear [respondents solicitor]
I'm very sorry to hear of the situation the witness has found herself in.
However I am loathe to agree to a postponement at this stage due to the time that has already passed and the effects that the upcoming
hearing is having on my own mental health, which will only be further exacerbated by what are likely to be significant further delays bearing in
mind the need for a four day hearing.
I wonder if it would be possible for the court to be contacted to see if they are content for the witness statement to be taken as read and make
a judgement based on that and the evidence of the other witnesses?


Dear [claimant]


Unfortunately that is not how it works, you must have a chance to cross examine and in this instance this will not be possible. I understand
your position but there is no alternative but to make the application and I will inform them you do not agree. You then have the opportunity
to respond.

[Pezza54]

There is a template letter requesting that a witness attend the tribunal to download at www.hr-inform.co.uk

[atticus]

Yes, but do YOU need this witness?