How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

Can the contents of a witness statement made in an Employment

Resolved Question:

Can the contents of a witness statement made in an Employment Tribunal be used in evidence at an unrelated County Court case or are the contents of the witness statement subject to some kind of privilige?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : No.
Alex Watts : the civil procedure rules state that statements can only be used in the proceedings to which they relate and not outside that save with the parties permission.
Alex Watts : So if consent is not given, no you can not use them.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

So, if a statement made in a tribunal includes an admission to having "done a deed" and that admission is re-affirmed by the person when being cross-examined in the public forum of the tribunal, the other party is not able to cite that admission when making a claim for damages (unrelated to the employment matter) in the County Court. Correct?

Alex Watts :

The witness statement may not be referred to no

Alex Watts :

But if the Judge in the Tribunal makes reference to it or a finding, then that can be used

Alex Watts :

Does that clarify?

Customer:

Many thanks

Ash and other Law Specialists are ready to help you