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Expert Witness in an Employment Tribunal - Any experiences?

jamrom

Hi everyone,

I'm hoping to draw on the community's experience here as I'm feeling a bit overwhelmed.

  1. I'm an autistic adult, and I'm representing myself as a litigant-in-person in an Employment Tribunal case for disability discrimination. I'm at the stage where I'm thinking about the final hearing and how to best explain the impact of my autism and other conditions to the judge.

  2. I'm considering trying to get an expert witness, like a clinical psychologist, to provide a report.

  3. My hope is that an expert could independently explain to the Tribunal how certain events at my workplace impacted my mental health (especially my PTSD and anxiety) and why some of the workplace adjustments I asked for were necessary for me as an autistic person.

  4. However, as a litigant-in-person, the whole process seems incredibly daunting. My main concerns are:
    1. The Process: I understand I can't just ask an expert to show up. I have to apply to the Tribunal for permission first, which seems like a very formal and complex process.
    2. The Cost: The potential cost is a huge barrier. It seems to be thousands of pounds, which is not something I can afford.
    3. Finding the Right Person: How do you even find an expert who truly understands autism in adults and has experience with the Tribunal system?

  5. Has anyone here been through this process, either as a claimant or supporting someone? I would be so grateful for any shared experiences or advice you might have.

  6. Specifically, I'd be interested to hear about:
    1. How you found your expert.
    2. If there are any organisations that can help with the costs (pro bono experts).
    3. Any tips for the formal application to the Tribunal.

Thanks so much in advance for any help you can offer.

Best regards,
J

Parents

  • I don't know much about employment tribunals and either way this site prevents me from offering 'advise' in the usual sene. I did however find some useful resorces including this document (www.kerseys.co.uk/.../A-guide-to-defending-an-Employment-Tribunal-claim-–-an-overview1.pdf) that says.

    "A party may wish to call an expert witness to give evidence on its behalf. If it does, then this should be
    discussed at a preliminary hearing and it should be included in the case management orders. This is
    because an Employment Tribunal is not obliged to hear expert evidence if it does not think that it is
    appropriate to do so. If the Employment Tribunal agrees to hear expert evidence, it will normally set out
    whether or not there should be a joint expert, who should pay for the cost of the expert and how the
    expert is going to be instructed."

    It also says:

    "Once the Employment Tribunal accepts the [employers] response it will send a copy to the Claimant and then consider
    how it is going to manage the case. In the simplest of cases it will just send a letter out to the parties,
    which includes the "Case Management Orders". These orders set out the steps that need to be taken and
    the date by which they need to be done. In more complex cases, the Employment Tribunal will schedule a "Preliminary Hearing" at which it will
    consider what case management orders are needed."

    So you may want to make it clear in your claim you think a prelimininary hearing is needed?

Reply

  • I don't know much about employment tribunals and either way this site prevents me from offering 'advise' in the usual sene. I did however find some useful resorces including this document (www.kerseys.co.uk/.../A-guide-to-defending-an-Employment-Tribunal-claim-–-an-overview1.pdf) that says.

    "A party may wish to call an expert witness to give evidence on its behalf. If it does, then this should be
    discussed at a preliminary hearing and it should be included in the case management orders. This is
    because an Employment Tribunal is not obliged to hear expert evidence if it does not think that it is
    appropriate to do so. If the Employment Tribunal agrees to hear expert evidence, it will normally set out
    whether or not there should be a joint expert, who should pay for the cost of the expert and how the
    expert is going to be instructed."

    It also says:

    "Once the Employment Tribunal accepts the [employers] response it will send a copy to the Claimant and then consider
    how it is going to manage the case. In the simplest of cases it will just send a letter out to the parties,
    which includes the "Case Management Orders". These orders set out the steps that need to be taken and
    the date by which they need to be done. In more complex cases, the Employment Tribunal will schedule a "Preliminary Hearing" at which it will
    consider what case management orders are needed."

    So you may want to make it clear in your claim you think a prelimininary hearing is needed?

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