Cross-examining witnesses

Case 3: The facts

Canteen assistants Laura Dolan and Danielle Gray were dismissed following complaints regarding their conduct. They argued that the witnesses who had given evidence against them should have been at their disciplinary hearing so that they could cross-examine them.

The ruling

The Employment Appeal Tribunal (EAT) held that, while there is no general obligation for a witness to be available for cross-examination at a disciplinary hearing, in some circumstances it can be essential.

In this case, the witnesses should have been available because Dolan and Gray were challenging their evidence but had not been given copies of the witnesses' written statements and therefore had no chance to rebut them. Furthermore, Dolan and Gray could not deal with written statements and respond in writing - one was only 17 years old and the other could not read or write.

The EAT added that the employer had been wrong to take into account informal warnings that had not been part of a disciplinary procedure. The dismissals were therefore unfair.

Premier International Foods v Dolan and Gray UKEAT/0641/04