tribunal attendance question

melymay

Evening all,

a quick question regarding attendance at a tribunal.

About a year ago I completed and investigation on an accident that had taken place whilst I was managing a dept. As a result of the investigation I felt that the individual should be put forward for disciplinary action. This subequently resulted in the individual being sacked for gross misconduct. Fast forward year and I had been advised that this matter is going to tribunal.

Problem is that I am currently working my notice at this employer - they have asked that I reply and offer to attend when requested and they will contact my new employer near this time and request that I be released to 'give evidence'.

Is this a moral or legal obligation ?

thanks for reading

MM

DVardysShadow

It could become a legal obligation, I believe as they may be able to get the tribunal to order your attendance.

Jarndyce

Like you say, it is a request.

If you refuse, however, they can apply to the tribunal for a witness order. Failure to attend then without reasonable excuse is a criminal offence.

Uncertain

Jarndyce wrote: »

Like you say, it is a request.

If you refuse, however, they can apply to the tribunal for a witness order. Failure to attend then without reasonable excuse is a criminal offence.

Obviously that is correct.

However a reluctant witness is often regarded as a loose cannon. For this reason if you make it very clear you do not want to attend then I'm sure the firms lawyers will try to avoid forcing you if they can find another way of presenting their case.

If they feel you are their only hope they can apply for (and would most likely get) an order forcing you to attend.

Morally however................

Jarndyce

Why would you not want to attend? All you would be asked to do is give factual information about your conduct of the investigation.

melymay

It's not that I don't wish to attend, just the implications and practicalities of doing so whilst working for another employer. Would they have to agree to release me to attend it the court date was on a working day ?

Jarndyce

melymay wrote: »

It's not that I don't wish to attend, just the implications and practicalities of doing so whilst working for another employer. Would they have to agree to release me to attend it the court date was on a working day ?

Not unless there was a witness order.

You could always just book a day's leave once you know when the hearing is.

Yorkie1

A witness summons is usually only issued when there is evidence of unwillingness to attend voluntarily. You could either take the line that you require a witness summons now, or wait until you start your new job and see whether your employer is willing to release you voluntarily. I see no reason why you should have to waste a day's annual leave so if your new employer is unwilling, I'd get in touch immediately with your old company and let them know the score so that they can apply for a witness summons for you in advance of the hearing (saves it being adjourned on the day).