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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44929
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Will an employment tribunal accept witness statements if the

Customer Question

will an employment tribunal accept witness statements if the writers are not going to be present at the tribunal ?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. What is the claim for?
Customer: replied 1 year ago.
Constructive dismissal. 3 of my partner's ex colleagues want to give witness statements but as current employees, prefer not to appear in person
Expert:  Ben Jones replied 1 year ago.
Hello, sorry I was offline by the time you had replied. In general, witness evidence should be given orally in person at the hearing. If a witness’ evidence is critical on a particular issue, it may lead a tribunal to draw adverse conclusions about the strength of the party's case on that issue. The usual outcome is that the tribunal will attribute less weight to such evidence than direct oral testimony because there is no opportunity to cross-examine the witness. The reason for the witness's absence is likely to be relevant to the tribunal's decision as to how much weight, if any, to give their statement. So it is possible to have witness statements submitted to court without having the witnesses attend but it may mean that evidence may not be considered as important as if they had attended and had the chance to answer questions over it. 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
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.

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