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 at night” and “you've got one over on me today,
