Tribunal Witness Statements

minihaha

Hi, can anyone help with some advice in obtaining witness statement for a tribunal case.

To support my claim for unfair dismissal/selection in a redundancy situation I need witness statements from a number of people I used to work with.
If I write to these people requesting a statement they will be instructed by the company not to provide one. Guaranteed they won't want to get involved either.
I understand if a statement is provided, but the witness refuses to attend a hearing, an order can be served to ensure they do attend. But am I right in presuming if they are unwilling to provide a statement there is nothing I can do? I realize it is not advisable to involve unwilling witnesses but their information is important to identify flaws with the procedures followed and the selection criteria applied.

Hope someone can help.

londondulwich

You can ask the tribunal to order a witness to attend.

If the tribunal is satisfied that your request is reasonable then the order will be given.

It is useful to use a witness order if your friend, who is still an employee of your opponent, wants to help but is worried that if they do so the employer will treat them less favourably. By you forcing them to attend they can pretend to the employer that they do not really want to help but are being dragged into the fray unwillingly.

However, you cannot force the witness to give a statement or even answer any questions you may put to them. If a witness statement is produced the employer is likely to see through the pretence.

The major disadvantage in calling hostile witnesses is that you are not allowed to cross examine them. The potential for them to damage your case is unquantifiable, as you cannot challenge anything they come out with.

If they do say damaging things about you it is inconcievable that your opponent, who has the right to call what they say into question, will do so.

The tribunal may ask cross examine them, but there is no guarantee that they will do so.