Intervention of non-witnesses

Case 4: The facts

Teacher Ms McGovern issued a claim for disability discrimination more than three months after her employment ended, which meant it was out of time. The tribunal allowed her an extension, based partly on the fact that the head teacher - who attended the hearing but did not give evidence - was seen vigorously shaking her head when someone else was giving evidence.

The ruling

The Employment Appeal Tribunal held that it was inappropriate for a tribunal to take account of the demeanour of a person who is not called as a witness.

Knowsley MBC v McGovern UKEAT/1001/03