Intimidation justifies tribunal ban

An employment tribunal was right to ban an employer from a case after one of its witnesses intimidated the claimant, the Employment Appeal Tribunal (EAT) has held.

During a break in the preliminary hearing for Mr Hatfield’s unfair dismissal claim, a witness for his former employer shouted and swore at him and made a threat of physical harm.

This made Hatfield so fearful, the tribunal said, that he might be inhibited from giving further evidence. The tribunal struck out the employer’s defence and barred it from taking further part in the proceedings; Hatfield went on to win his claim and was awarded £14,000 in compensation.

The EAT agreed that a tribunal’s only proportionate response to intimidation, where a party is unable to give evidence without fear of the consequences, is to bar the other party from participating, and to hear the case without them.

Force One Utilities Ltd v Hatfield UKEAT/0048/08