Pending tribunal

[dr-cag]

Hi,

 

Please can someone advise...

 

My employeer recently fired a friend. During his disaplinary meetings - my friend asked me to attend with his as his personal witness (under the 'friend or colleague' rule).

 

A few weeks later my boss offered to give me a lift home from work, he never does that, on the way back - he quite blatently suggested that I would HAVE NO CHOICE but to give evidence against my friend and for the company if this went to tribunal. He was basically trying scare tactics to get me to talk my friend out of proceeding. I know this is way out of order from a moral standing, however my question is would any judge presiding over the tribunal allow the company to call me as THEIR witness, when I was quite clearly my friends witness from the start?

 

Thanks for your help.

 

D.

[elpulpo]

What a crappy thing to say. I'm not sure of the legal specifics, but it seems to me that your boss might well be guilty of nothing less than a criminal offence here, surely this is inciting someone to commit purjury / attempting to pervert the course of justice? (Anyone?)

As I understand it, you have legal protection from being subjected to any detriment for accompanying a colleague to a disciplinary hearing.

I certainly think an ET Chairperson would find it very strange that having attended a disciplinary as a representative, you would then attend an ET and give evidence against the Applicant. Don't know if they would actually disallow you to give evidence. I think the Employer would have to be extremely desperate to risk you giving evidence against your will.

 

What I'd do is try and gather any evidence you can that the employer is pressuring you into lying at ET. It could land them in big trouble.

[NitrousOxide]

Either side can actually call you as a witness, it's entirely up to you though whether you give evidence supporting them or not. You can entirely decline as well.

[Uncertain]

You can entirely decline as well.

 

 

No you can't!

 

If either side feels the OPs evidence is essential they can ask (and would probably get) a witness order. If the OP then fails to give evidence they would be in contempt of court.

 

However, there are not many circumstances where it is wise to force a witness to appear against their will. Loose cannons spring to mind.

 

Attempting to intimidate a witness into lying is a criminal offence. As is giving perjured evidence. An employer in Scotland was sent to prison for this recently.

[neil_tp]

I believe the ET judge can order a witness to attend, it may be best if your friend gets the ET judge to order you to attend, that way you have to go and your company has no say in it.

 

Of course you are I suppose a hostile witness in your firms eyes.

[ErikaPNP]

It doesn't matter which side calls you as a witness. You may be called upon to give evidence against them, but the evidence you give shall be yours and yours alone. If that evidence supports your friend, there is nothing they can do about it so long as it's truthful.

 

Even in criminal prosecutions, the CPS will cite witnesses for the prosecution - against the accused. However the witness is there to ask questions which is put to him from both sides. On many occasions, a prosecution witness' evidence actually supports the defendent. The evidence you shall give shall be the truth, the whole truth and nothing but the truth. So, strictly speaking, you don't give evidence for or against somebody. You tell the court what you know. The court decides whether it goes in favour of a person or not.