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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47858
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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In an imminent Employment Tribunal, the Respondent has produced

Resolved Question:

In an imminent Employment Tribunal, the Respondent has produced a witness statement from a manager but that manager is not going to attend even though the hearing was arranged so that she could. I need to be able to cross examine them as I know that they did not prepare the outcome of the meeting personally as they have told friends it was written by the Legal department for them. I believe this would be very helpful to my case but now know that I know about this which is why they are not attending. Can I insist they attend through a witness order or ask for the Tribunal to be delayed to allow them to attend. I need to know the best thing to do.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. How do you know she would not attend?
Customer: replied 1 year ago.

We've exchanged witness statements on Thursday and the Respondent's solicitors have told me she won't be attending the hearing.

Expert:  Ben Jones replied 1 year ago.
The first thig you should try and do is to discuss this with the other side and see if they would agree to her attending. You can remind them that the reasons for the timing were so she could attend and that you still expect her to. You may tell them that you would be seeking the assistance of the tribunal if she does not voluntarily attend and a witness order may be sought. If you do not get anywhere that way, you may indeed ask the tribunal to consider postponing the tribunal or issuing a witness order. There is no right or wrong option – either is acceptable. What you may wish to do is ask for a witness order and then state that in the alternative you are asking for the dates to be moved to allow this person to attend. You then cover both options at once. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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