Revised Presidential Guidance on employment tribunals taking oral evidence from persons located abroad

The Presidents of the Employment Tribunals in England and Wales, Barry Clarke, and in Scotland, Susan Walker, have issued revised guidance for employment tribunals on how they should take oral evidence by video or telephone from persons located abroad.

 What are the practical implications of this development?

The revisions to the Presidential Guidance provide some updated information and additional clarification which may be helpful for parties wishing to rely on oral evidence from witnesses located abroad.

In summary, the revisions include:

• clarification that permission from the foreign state is not required when evidence is to be given from Crown Dependencies or British Overseas Territories
• an update that the Taking of Evidence (ToE) Unit has collected information received from different overseas governments and, in due course, the Foreign, Commonwealth and Development Office (FCDO) will publish a list of the responses
• clarification of how such a list, published or otherwise, may be used by HMCTS instead of contacting the ToE Unit, and
• an indication that tribunals may wish to consider the impact of any conditions imposed by the foreign state and whether the giving of evidence in those circumstances would be contrary to the interests of justice.

Parties seeking to rely on oral evidence from abroad should make their request to the employment tribunal at the earliest opportunity. This is because there may be delays in getting a response, especially if the foreign state has not previously given its stated position on the taking of oral evidence from its territory.

Pro Employment Law

Formed in 2017, following significant legislative changes designed to increase competition within the legal services marketplace, Pro Employment Law is a progressive set of barristers’ chambers, consisting only of experienced employment law barristers, offering a full range of specialist advisory, case management, and advocacy services directly to the public through the Public Access scheme. We supply our legal services exclusively in the area of Employment Law to clients located across England & Wales. All of the legal services we supply are covered by professional indemnity insurance with Bar Mutual.