Respondent’s representative conducting video hearing from outside the jurisdiction

[id330uk]

There will be a video hearing in the Employment Tribunal. The Respondent wants that its representative who is located abroad conducts this hearing from outside the jurisdiction
 
I would like to know the following:
 
Is it an automatic right or does the Respondent has to make a formal application supported by evidence to the Employment Tribunal to have permission that its representative conducts this video hearing from abroad?
 
Should the tribunal grants this permission only when there is no other possibility when the Respondent is located abroad or it has a witness who is located abroad because this in the case of the respondent who can if it wishes uses a representative which is located within the jurisdiction and not one who is outside the jurisdiction?
 
For the reason that this will cause me the following detriments:
 

1. There will be transmission of image and sounds of me outside the jurisdiction what I do not like

      2. The Respondent's representative  would not have any deterrent not to record this hearing because it could not be prosecuted because it is located outside the jurisdiction

3. The quality of the transmission could not be good because the huge distance between the United Kingdom and the foreign country from which the Respondent’s representative intends to conduct this hearing

I would like to oppose that the Respondent’s representative conducts this hearing from outside the jurisdiction so I need know also which law deals with this issue

 

[honeybee13]

Thank you for your question.

 

I expect people will be along to advise over the course of the day, but it's likely to be quieter than usual as it's the weekend and some people may be watching events unfolding today after the passing of the Queen.

 

HB

[unclebulgaria67]

You as a member of the public are not expected to be researching the procedures that Courts have to follow.  It is for the Courts to ensure that they follow the legal procedures that apply to the Tribunal.

 

I would suggest that you issue a formal objection to the Courts Tribunal raising the issues that you have mentioned and to send a copy of the objection to the respondent.

 

As far as I know, UK Courts allow people from abroad to take part in proceedings, providing they sign up to complying with UK law/jurisdiction.  If they break the law, then you can take action in UK Courts.

 

If you do a Google search you will find information on this.  Below should help you narrow your search, but I think you should be cautious in trying to interpret the law and instead should object, asking for the Court to clarify the law that applies, plus what protections they will apply to ensure you are not disadvantaged.

 

 jurisdiction by Schedule 1, Rule 32 of the Employment Tribunal (Constitution And Rules of Procedure) Regulations 2013.

[id330uk]

Schedule 1, Rule 32 of the Employment Tribunal (Constitution And Rules of Procedure) Regulations 2013 which says:

 

“Requirement to attend to give evidence

 

32.  The Tribunal may order any person in Great Britain to attend a hearing to give evidence, produce documents, or produce information.”

 

However, the important point is that the Respondent does not have any witnesses who will give evidence from abroad and itself it is located in the UK which means that it is not indispensable that this hearing is conducted from outside the jurisdiction.

 

I have not found information on the Internet about this issue of signing up to complywith UK law/jurisdiction

 

I would like to know the following about this issue:

 

1.      Does an official form need to be signed

2.      Can this signing up be made orally during this hearing or a document needs to be signed

3.      Can this signing up be made electronically

4.      How long in advance of this hearing should this signing up be made because I think that it will not be acceptable that during this hearing one party without any warning informs suddenly the tribunal and the other party that he is conducted this hearing from outside the jurisdiction in a country far away from the UK

Edited September 10, 2022 by id330uk

[unclebulgaria67]

You need to clarify this with Courts tribunal, as debating it online, will just be a debate. Procedures are sometimes complicated and by raising the issues with the Court, should enable them to check that they are following the correct process.   The Courts staff may not even know the answers to the questions you are raising and they will have to find out. 

 

Data is regularly processed outside of the UK on UK citizens.  Anyone working for a foreign owned company will have their HR information held abroad.  The fact that the respondent is taking part in the tribunal may be detrimental to their case, if they do not understand UK law and how we operate.

[id330uk]

I have already made several submissions to the EmploymentTribunal about this issue and a judge is dealing with my claim.

 

The day of the hearing is approaching and I should received a reply from this judge shorty.

 

However, I would like to send to the tribunal a last email before this judge takes his decision so that to increase the chance that his decision will be on my favour.

 

it is why I need to know the law which deals with this issue so that my last email will me as efficient as possible

[honeybee13]

As you know after 11 years of being a member, we aren't lawyers here and your questions are on the real minutiae of ET procedures which very few people will have experience of.

 

Maybe someone with experience of this will turn up, but otherwise you could consider professional advice.

 

How close is the hearing?

 

HB

[unclebulgaria67]

The other issue you need to be self aware of is how you are coming across to other people. If the employment tribunal case has anything to do with how you conduct yourself,  such as relationships with colleagues, if you come across as being unreasonable in your dealings with the Court, then the Judge might take this into account.

 

As Honeybee suggests, consult a Solicitors that specialises in employment law, if the Court is not going to respond to you.  They may just deal with your concerns at the beggining of the tribunal hearing, so both sides are given the information at the same time and can raise any further concerns.