Is it ethical for the representatives of the respondants named in my Employment tribunal to question my witness before the hearing akes place

[helen31]

hello. I have an Employment Tribunal set for 5th 6th and 7th November 2012, and I have just found out from my main witness that she is going to be getting a phonecall from the representatives of the respondant today. The respondant is my ex employer and unfortunately my witness still works for them. Is it legal for their representatives to do this before the hearing? I am very concerned bout this,as they will obviously be questioning her at the hearing so why are they going to do it now too?

[factor-fiction]

It's an impressive feat to have obtained an avatar after just one post.

As to your query, I'm not sure of how the rules here differ from those in criminal court cases. Also I'm not sure of the rules regarding disclosure of evidence etc before a hearing and how these compare to those in civil court cases. Someone like Buildersmate will know, and maybe Barmaid who is the main legal expert on here.
Who is your representative- do you have a solicitor?

[FredPuli43]

You ask whether it's ethical. Well, the rule in all cases, civil and criminal, is "There is no property in a witness", that is that neither side owns the witness. That's as well, because the witness might have information of value to both sides.And imagine that a witness gives evidence against you. If your side has interviewed the witness and taken a statement, that statement may differ from what the witness now says in evidence. You can then put, in cross-examination, that the witness's evidence differs from the statement and put the statement to them, pointing out the differences. That goes to the credibility of the witness, that they give two different versions whether differing wildly, hence suggesting dishonesty, or merely in detail, suggesting inaccurate memory.

But the witness you see as yours, might refuse to answer (perhaps unlikely) or may say the same as they've said to you.

I can't see any particular reason why the usual rule would not apply in your case. However, enthusiasm for interviewing the witness might attract unfavourable comment along the lines of "Were you frightened what the witnesss would say? Did you think you could influence the witness by reminding them of they're still being an employee? What were you hoping to achieve, given that you knew that the witness was going to testify for the other side?" That line of enquiry could be more damaging to the other side than what they may have found by speaking to the witness is beneficial, if indeed, it is.

[tonywiltshire]

You will find that the Employment Tribunal (ET) will probably order an exchange to the other side of both your witness statements and any produced by your ex-employer, in order to see what they will say which is probably why they wish to contact them to see the strength of your position and possibly make you an offer to settle. Nearly 70% of cases are settled before the ET and if an offer is made you should give it some consideration, I am assuming you will not have a representative at the ET, the ET are used to people not having a representative but if you are not familiar with the atmosphere I would urge you attend one or two ET as a member of the public. If you are made an offer and do not have a representative you will have to decide if it is worth accepting any offer on your own and at the end of the day it is your decision. Do not be too ridged I have known people refuse an offer, win their case, and be awarded less than the offer.

[woofgang]

Given how easy it is to record phonecalls, if they want to make any "suggestions" as to what evidence she might produce or what her statement might be then they really are idiots....

[MissCommando]

Hi, my husband is awaiting a date for his tribunal. Just wondering if you are doing it yourself or if you've got legal representation?

Don't think they would be allowed to do that! I'm guessing you don't have legal representation as you wouldn't be asking this question. Maybe see if you've got legal cover on your household insurance as they'd be able to advise you or contact ACAS (your conciliator).

Good luck, hope all goes well for you!