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Independant legal advice for employees called as prosecution witnesses
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mintcake  
#1 Posted : 06 October 2014 15:24:42(UTC)
Rank: Forum user
mintcake
Is there any published guidance on good practice concerning the topic of what support should be provided to any employees called as prosecution witnesses against their employer?
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A Kurdziel  
#2 Posted : 06 October 2014 15:49:50(UTC)
Rank: Super forum user
A Kurdziel
Why should an employer provide support for a prosecution witness? In fact why should a witness require support. A witness is not incriminating themselves; they are provide evidence the court about someone else.
If they do require any support it is upto the prosecution to provide this.
If the employee is worried about recrimination about what they say in court then they should get in touch with their union.
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JohnW  
#3 Posted : 06 October 2014 17:32:10(UTC)
Rank: Super forum user
JohnW
So, you can't answer the question? :o)
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johnmurray  
#4 Posted : 06 October 2014 18:07:15(UTC)
Rank: Super forum user
johnmurray
If they suffer recrimination because of statements made in court, they should bring that to the attention of the court. Then we bring into action contempt of court proceedings.
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KieranD  
#5 Posted : 07 October 2014 04:23:32(UTC)
Rank: Super forum user
KieranD
The Criminal Procedure Rules of the Department for Justice include independent guidance as well as indicate non-negotiable requirements of a witness during, and before proceedings.

The autobiography of Lord Woolf who designed them is a useful guide to the philosophy and research behind the development of these and the Civil Procedure Rules
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L McCartney  
#6 Posted : 07 October 2014 13:54:18(UTC)
Rank: Forum user
L McCartney
sorry don't know of any published guidance

have experienced this before and the employees were a bit apprehensive. I met with them all and talked through the court procedure and their concerns.
We had good management and they were supportive to everyone.

In the end it didn't go to court - but at least they were prepared
Lilian
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Phil Grace  
#7 Posted : 30 October 2014 07:43:05(UTC)
Rank: Super forum user
Phil Grace
Firstly, is this in connection with a possible civil claim e.g. surrounding an employee injury? If so then your Employers' Liability insurers will (should) already be involved. They will be handling the defence. In which case approach them - the Insurer's Claims Dept will be able to talk the employee through the process - as has been described. That may be all that is required!

Even if insurers are not involved they may still be able to help.
Phil
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bob youel  
#8 Posted : 30 October 2014 07:49:53(UTC)
Rank: Super forum user
bob youel
Some great advice here

This can be a very tricky area as not all employers and managers are supportive of witnesses who may counter their position so do what you can to support people where U can noting that a witness may have to continue working with their employer as will U
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