Conduct of parties

During a break in the preliminary hearing for Mr Hatfield’s unfair dismissal claim, a witness for his former employer threatened him with physical harm. When the case came back to the tribunal several months later Hatfield told the tribunal he was still nervous and afraid; the tribunal clerk had also formed the impression that he was frightened and anxious whether to proceed.

The tribunal found the threat had made Hatfield so fearful that he might be inhibited from giving further evidence and barred the employer 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. There could not be a fair trial if the employers took part.