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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49806
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I would like to call a witness in my former companys HR department

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I would like to call a witness in my former companys HR department to my employment tribunal hearing for victimisation. They are not willing to attend voluntarily and have left the company, I believe they are directly relevant to the case, the respondents solicitor appears not to want to call any witnesses, witness statements have to be exchanged in 2 weeks.
Is the respondent obliged to provide me with a witness list?
Thank you for your assistance.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
How long ago did the witness leave the company?
Customer: replied 1 year ago.
6 weeks
OK, thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
The employer is not obliged to call any witnesses if they did not want to. It is their prerogative to decide to call no one if they wanted to. So if you wanted to rely on a specific witness you will have to ask them to appear as your witness. The issue is that a witness may not wish to attend, for various reasons. In these circumstances you can ask the tribunal to issue a witness order forcing the person to attend. This is your basic legal position. I have more detailed advice for you in terms of the wording of a witness order application, which I wish to provide you with so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
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Customer: replied 1 year ago.
Witness statements have to be exchanged in 2 weeks, the respondents solicitor says that he will let me know who the witnesses in due course, is it okay to apply for an order tomorrow or is it too short notice
Customer: replied 1 year ago.
The hearing is on 30 june
You can still apply and if more time is needed you can ask for extensions in the process as necessary. Attached is the application wording
Customer: replied 1 year ago.
Hi, what is the time deadline for disclosure as per an Order by the Tribunal. The order states that witness statements have to be exchanged by 26 May but does not give the exact time.Than you for your assistance.
It would be by the end of that day so before midnight
Customer: replied 1 year ago.
Thank you
You are welcome