Information from previous employment tribunal hearing

[singvict]

Good morning, can anyone tell me if I can obtain copies of witness statements from an employment tribunal hearing completed a year ago. I have a similar dispute with the same respondent and probably the same witnesses.

Can I request copies from the respondent?

[rebel11]

Hi sing

 

Welcome to CAG

 

Some cases are reported, so might be on :- http://www.bailii.org/

 

Please let us know how your problem has been resolved, it could help fellow Caggers.

 

Thread has been moved to the correct forum.

[becky2585]

If it was under a year, the ET should have a copy of the file still, so you could see if there's any scope to request them direct.

 

The cases on bailii are "reported" and they only list judgments, so unfortunately that won't assist here.

 

If the respondent does still have them and they refuse to give them willingly, you could try a data subject access request, although I'm not sure the scope of a DSAR would cover this, off hand... But given that proceedings are public, the ET could be your best bet.

[singvict]

Does the ET hold any information? The tribunal dismissed the claim, and there was no written judgement.

I tried that route but my £10 was returned and I was not offered any further info.

[rebel11]

Even if the Witness Statement existed, it is very unlikely that they would give you that. The only thing you might be able to get is a 'Transcript' of the case, even if it's been dismissed, but will that have the information that you seek? And how much would it cost?

[becky2585]

The ET will keep any witness statements, correspondence, bundles, claim/response forms and orders in a file of papers for one year. Then they destroy them.

[rebel11]

Let me put it another way, the Witness Statement is there, it exists, I don't think it's possible for anyone to obtain a copy of someones Witness Statement in these circumstances.

 

The ET will keep any witness statements, correspondence, bundles, claim/response forms and orders in a file of papers for one year. Then they destroy them.

[singvict]

I can probably guess the names of the witnesses and what was said

The respondent is a large high street name that ought to keep records like this.

I am trying not to alert them too early and that is why I am trying the ET info route.

I would like to get the statements first and then request them from the respondent as I don't trust them.

[2Cat]

Out of interest, why would you want someone else's witness statement? I would have thought it was in preparation for writing your own, any reasonable example should give you a steer on the format and what detail to include. Witness statement is what happened to you and what time.

 

I found the Cunningham and Reed book helpful in writing a witness statement.

[rebel11]

It probably contains info that could be helpful to sing's case.

 

Out of interest, why would you want someone else's witness statement? I would have thought it was in preparation for writing your own, any reasonable example should give you a steer on the format and what detail to include. Witness statement is what happened to you and what time.

 

I found the Cunningham and Reed book helpful in writing a witness statement.