Hi, I am (unfortunately) having to go to through an employment tribunal process against my present employer. I had an initial case management discussion meeting (CMD) a few months ago.
At that meeting my employer's legal representative stated that my employer intended to call several witnesses. The names of these witnesses were not listed in the CMD agenda - even though I had openly listed the names and number of my potential witnesses - and I had expected the employer's side to do the same thing for the CMD meeting. My employer's legal representative stated at the CMD that they (the employer's legal rep) didn't know the names of witnesses, just the number to be called.
I have since emailed my employer's internal Legal section several times requesting a list of witnesses names. My employer's Legal section has not even acknowledged receipt of my email requests let alone supply me with the list of names.
This refusal to name their witnesses has the potential to weaken my case. Indeed one or two employees which I have sounded out as potential witnesses on my side have instead bailed out (which is unfortunately somewhat understandable in these days of job cuts) explaining that they were doing so because they might actually be called as witnesses on behalf of my employer (which is a lot less easier to forgive I must say!).
I'm not interested in recriminations against any of my co-workers who may actually stand as a witness for the employer (I really don't have the enery left for it apart from anything else). However I do feel that I should be entitled to know who may have been 'bagged' for the other side!
Does anyone know if I do have a right to know who these employer-side witnesses are and if so, can I make my employer disclose this list of witnesses asap?
Any advice would be most welcome.