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Monckton Chambers, London
Members and Staff
The President of the Employment Appeal Tribunal has dismissed an appeal against a tribunal’s refusal to make witness order mid-way through a final hearing. The appeal had sought to revive the final hearing following the substantive dismissal of the claims.
Lord Fairley clarified the standard set in Remploy Limited v. Lowen-Bulger UKEAT/0027/18/RN as to what was required of a tribunal when assessing the relevance of evidence under the test in Dada v. Metal Box Company Ltd [1974] IRLR 251 NIRC. The Judgment emphasises the need for applicants for witness orders to address the specific content of the proposed evidence a witness would give, rather than merely referring to issues in the case that the evidence would be relevant to, without which a tribunal cannot be criticised for not assessing in detail the relevance of the evidence (§§29-31).
Jen Coyne acted for the respondent Introhive UK Ltd, both below and on appeal, instructed by Matthew Cole and Sheilah Cummins of Prettys Solicitors LLP.
Judgment is available here.