header-logo header-logo

Strike out the bullies

10 July 2008 / Sarah Fitzpatrick , Elisabeth Griffiths
Issue: 7329 / Categories: Features , Employment
printer mail-detail

Those who intimidate witnesses at employment tribunal proceedings could face serious consequences. Sarah Fitzpatrick and Elisabeth Griffiths report

Two recent cases in the Employment Appeal Tribunal (EAT) have explored the issue of intimidation of witnesses at employment tribunal proceedings and the consequences of such action. These cases make it clear that the potential consequences are very serious and include the possibility that the offending party's pleadings could be struck out and that any intimidatory conduct could give rise to a further cause of action for the claimant.

Force One Utilities v Hatfield

In Force One Utilities Ltd v Hatfield UKEAT/0048/08, [2008] All ER (D) 130 (May) the claimant, Hatfield, presented a claim for unfair dismissal against the respondent, his ex-employer, Force One Utilities Ltd. Hatfield represented himself at the employment tribunal hearing. It came to light at the hearing in April 2007 that a key witness for the respondent, a Mr Shuter, had made a serious threat of physical harm to Hatfield. Shuter said that Hatfield should “watch how you sleep

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In Ward v Rai, the High Court reaffirmed that imprecise points of dispute can and will be struck out. Writing in NLJ this week, Amy Dunkley of Bolt Burdon Kemp reports on the decision and its implications for practitioners
Could the Supreme Court’s ruling in R v Hayes; R v Palombo unintentionally unsettle future complex fraud trials? Maia Cohen-Lask of Corker Binning explores the question in NLJ this week
back-to-top-scroll