Quick Question on calling Witnesses

Nassy

Hi,

I am currently fighting my former employer over a redundancy decision based on what I regard was an unfair and discriminatory selection process and now have a date for the Case Management hearing.

2 individuals were made redundant from a pool of 5 including myself. I believe for completely different reasons and in my case discriminatory.

I am thinking however of calling in the other indivdual who got made redundant as a witness. :cool: However I am umming and ah-ing over this. The witness in question is likely to be reluctant (as does not like conflict of any kind) and also is likely to detract from the focus of the case being about me (since I believe motives to make him redundant were different!). On the other hand, he is likely to be able to back up the fact that in the Redundancy process there was no real consultation and also talk about the way a "selection pool error" (part of the case) was handled ie badly

Should I ask him? I know that if he doesn't want to, the tribunal can order his presence and I think they may want him there if he was subject to the same process as me ?! I am not convinced however that he would necessarily withstand cross-examination well and may say things that are not good for my case (unwillingly or otherwise - ie in WCS he may say come up with something that happened before I joined that doesn't invalidate my case but suddenly makes the tribunal wary??? ). I guess this is always going to be a dilemma with a potentially reluctant witness so I thought I'd ask if anyone can provide some insight. :eek:

Thanks