Ask to be witness in employment tribunral against my current employer

Southend1

surfamakikomi wrote: »

Thats a good point, I really must stop listening to those voices in my head.

:rotfl: no worries, it's hard to take things in sometimes when you feel under pressure and not sure what to do for the best.

Hope it all works out for you.

ValHaller

Yorkie1 wrote: »

But I really didn't want to get involved and therefore a) made a full record of the conversation, and b) told my manager (again independent from the tribunal process) about it immediately.

I would say that WAS getting involved in a partisan way. If your employer had asked you to give evidence would you have told this former colleague ???

Yorkie1

ValHaller wrote: »

I would say that WAS getting involved in a partisan way. If your employer had asked you to give evidence would you have told this former colleague ???

You may be right that it was getting involved; I hadn't previously thought of interpreting it in that way. My main thought process was that my employer would be involved in any hearings, including identifying the main issues and who would be called as a witness, and that they would be able to head it off at the pass. There was no conceivable way I could have said anything relevant to the claim, but the colleague was completely bonkers and I felt my employer's legal team would head her legal team off at the pass. Purely self-preservation.

I never was called so I don't know whether my employer did head it off at the pass, or whether no heading was in fact needed.

mum2one

You've recieved some really good advice from LazyDaisy - just say no.

I've been there done that with the tribunal. Both as a person bringing a case, and helping a friend with theirs, my guess is if the dismissal was fairly recent, the person has 3 months to lodge with the ET from the last day of contact with the employer, my betting is there spreading their wings to see if anyone can help them, you name pops into their head as giving a statement, - so there going to think of you.

When I had my case, i had no witnesses, as mine related to a string of events but all tied in from when I said those magic words "I'm pregnant"....... I resigned but took them to the ET. I had no witnesses, - but when it came to the swop of documents before the hearing, the other side had "witness statements" from about 6 people....... none of this I knew till when we swopped, but when the hearing came through - none of this witnesses appeared ready to give evidence.

It may well be if it goes to a tribunal than your statement may be included in the bundle as evidence for the company - at this point you know what you wrote.

I would just say - I can't be any help, then if the tribunal decide your needed as a witness let them issue a witness order - if and that is a big if - it comes to that and you have to give evidence, - there be questioning from both sides - your employer will understand that.

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dshart

The way I see it you made a witness statement during the initial investigation, which as you say was neutral. Why were you willing to give a statement then and not now? What would you say different now that you did not then?

It appears that the company never provided a copy of this statement to your ex-colleague during the investigation and now they know about it they may be using this fact at the tribunal.

Personally I do not see how the company could take offence to you standing by what you have already said in your statement.

ValHaller

Yorkie1 wrote: »

You may be right that it was getting involved; I hadn't previously thought of interpreting it in that way. My main thought process was that my employer would be involved in any hearings, including identifying the main issues and who would be called as a witness, and that they would be able to head it off at the pass. There was no conceivable way I could have said anything relevant to the claim, but the colleague was completely bonkers and I felt my employer's legal team would head her legal team off at the pass. Purely self-preservation.

I never was called so I don't know whether my employer did head it off at the pass, or whether no heading was in fact needed.

I can't see that telling your employer was self preservation. Getting your employer to head off being called as a witness rather than just saying 'No' is to my mind a quite partisan act.

System

When I was involved in an ET (as an employer) there was a pre-trial process to determine what evidence was agreed and what was disputed. I think your position depends on what kind of evidence you are being asked to give.

"I was the personnel manager from ... to ... and I can confirm this person was employed as a ... " is presumably noncontroversial.

But "I witnessed the argument and saw the person punching the manager" might be disputed.
You are not being asked for an opinion on the case, just for factual evidence.
If I were on relaxed friendly terms with my boss I'd have a word and explain how nervous you are and explain what exactly you would be saying.

On the other hand if your boss dislikes you and is looking for an opportunity to get rid of you too, then keep clear!

Yorkie1

ValHaller wrote: »

I can't see that telling your employer was self preservation. Getting your employer to head off being called as a witness rather than just saying 'No' is to my mind a quite partisan act.

To be fair, the individual hadn't reached the stage of wanting to call me as a witness. It was an enquiry about how the employer had treated me during a certain period of my employment. Basically it was a fishing phone call.

Perhaps I should never have posted on this thread; on further reflection my situation wasn't really that similar to OP's and has now made it go off on a tangent. Perhaps we should now draw a line under this.