Witness at Industrial Tribunal

System
System Posts: 100,537 🤖 Admin 🤖
Hi everyone,
Has anyone had to be a witness at an Industrial Tribunal before?
I gave a witness statement against my old employer for an unfair dismissal case. I was warned there was a chance that I'd be called, but told it was very unlikely. However a letter arrived today askng me to attend the tribunal and speak. :shock:
I gave quite a damning statement :evil: , and to be honest I could have said more, but without physical evidence I decided just to do it from my "impressions and feelings" point of view.
Please can anyone give me some advice? I am terrified about it being a case of me being torn apart in public! :oops:
Many thanks,
Lucy.

Comments

  • System
    System Posts: 100,537 🤖 Admin 🤖
    Re:Witness at Industrial Tribunal

    It is a co-incidence this thread as I have just been as a representative for a client at an industrial tribunal.

    Our client had sacked one of his employees and she was claiming unfair dismissal. It is a formal process and was chaired by 3 officials. You are briefed before the proceedings as to what the process will be. You will be questioned by your old employer and be questioned by the panel. Similarly you will also be given the opportunity to question your ex-employer as to any points in his/her statement you disagree with or facts that aren't present.

    Depending on the circumstances it can take anything from 1 hour to a full day. The one I attended today lasted 2 hours but it was found in the employees favour.

    Just stick to the facts and try to answer the questions as thoroughly as possible.

    Kind regards
    Steve
  • System
    System Posts: 100,537 🤖 Admin 🤖
    Re:Witness at Industrial Tribunal

    Oh my goodness it sounds scary! I am not keen on being questioned by my ex-boss! I was hoping my statement would have sufficed, but obviously the meeting between solicitors didn't go as planned!
    I think I'd be best off going to speak to the solicitors and see what they advise - perhaps if I tell them the whole story, they can advise me on what I can say, without evidence.
    Thanks Steve - you are always a font of knowledge.
  • System
    System Posts: 100,537 🤖 Admin 🤖
    Re:Witness at Industrial Tribunal

    The process involves you making a statement regarding the facts leading up to your dismissal. Your ex-boss will also make a statement. You are then given copies of eachother's statements to read over before the hearing.

    You are then asked to read out your statements in the Tribunal and it is then you are asked questions by your ex-boss and then (s)he then asks you questions after they have read their statement to the Tribunal.

    The Tribunal today seemed quite keen to stick to the facts and swiftly moved either party on if they strayed beyond the margins.

    It is quite daunting but it is your opportunity to put your point across - as it is also your ex-boss's opportunity.

    You are kept in separate rooms before the hearing so don't worry about that. Your solicitor should be able to advise you on the best way to proceed but today I found that sticking to the facts and ensuring you have evidence of those facts will help you.

    Kind regards
    Steve
  • System
    System Posts: 100,537 🤖 Admin 🤖
    Re:Witness at Industrial Tribunal

    Please do not panic Lucy!

    It is daunting but the panels are usually very good at 'moving people on' if the questions become unreasonable.

    Whilst you say you just gave your impressions and feelings, these are quite an important part of employment legislation i.e., its not whether someone was deliberatly bullying its whether someone felt their actions were bullying etc.

    You and obviously the person who has brought the case felt it was clear unfair dismissal so, whilst I'm an employer myself so am on the 'other' side of the table, you are right in standing up for what you believe in.

    Good luck.
  • System
    System Posts: 100,537 🤖 Admin 🤖
    Re:Witness at Industrial Tribunal

    Many thanks for your replies Steve & Gill,
    I am still pondering what to do. My husband wanted me to take action myself when I left and I am regretting not doing so now, as it may have saved the other lady from going through the same situation.
    At least I can help her to stop it happening again!
    Thanks again!
    Lucy.
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