Giving evidence from abroad

New government guidance, Taking oral evidence by video or telephone from persons located abroad, explains what to do if you are giving evidence from abroad in an English or Welsh employment tribunal case.

People wanting to present oral evidence from witnesses abroad need to plan in advance.

There isn’t a barrier to this kind of evidence, but parties need to check with the Foreign, Commonwealth & Development Office whether the relevant state has given general permission for this.

If not, they must make further enquiries and request permission, sometimes paying a consular fee. The Employment Tribunal then needs to give approval.

The position in Scotland is different, with the tribunal being able to make the decision.

This can be an issue for unrepresented claimants, particularly those who have lodged tribunal claims before having to return to home countries.