Suppose that in the course of the hearing your client realises that an important answer given by one of the respondent’s witnesses can be proved…
There is a strict rule that a witness who has started giving her evidence must not speak to anyone else about the case until her…
It is usually important – and always desirable – for the tribunal to have a clear idea what it was that the claimant was employed…
In Balmain v Atlas Cleaning Ltd the employer said that it had dismissed the claimants because the manager of the shop where they worked as cleaners had required them to be removed from that work. The claimants sought a witness order to compel the manager to appear as a witness at the hearing of the unfair dismissal claim, but the tribunal refused. The EAT allowed the claimants’ appeal, saying the witness was plainly one who had potentially relevant evidence to give.
Difficulties arise in tribunal if a representative believes that a witness has been vitally damaged under cross-examination, but the client does not. The representative may…