The claimant had claimed race discrimination. The tribunal declined to order the issue of witness summonses. The EAT overturned that decision on the basis that the tribunal had not recognised that it had a discretion to issue the summonses, and had therefore failed to exercise it, and remitted the case for rehearing. The employer appealed.
Held: The interpretation of the chairman’s letter as a failure to exercise a discretion was not justified. The appeal was allowed.
Beldam, Henry, Thorpe LJJ
 IRLR 184,  EWCA Civ 1567
Industrial Tribunal Constitution (Rules of Procedure) Regulations 1993 4(1)(a)
England and Wales
Leave to appeal – Merseyside Tec Limited v Noorani CA 21-Nov-1997
Application for leave to appeal. The respondent had said that the EAT had erred in overturning the tribunal chair’s decision not to issue witness summonses.
Held: Leave was granted. . .
See Also – Noorani v Merseyside TEC Ltd EAT 17-Jun-1997
The claimant appealed against the dismissal of his complaint of race discrimination saying that the tribunal had erred in not issuing a witness summons. The tribunal had said that the potential evidence was not relevant.
Held: There had been . .
Cited – Dada v Metal Box Co Ltd NIRC 1974
Sir John Donaldson sets out the considerations when a witness order is sought in an employment dispute before the court. He said: ‘We are quite clear that tribunals have a discretion in deciding whether or not to issue witness orders. There is no . .
Cited – G v G (Minors: Custody appeal) CA 1985
A court should take great care before setting aside a decision of a judge which had involved the exercise of a judicial discretion. The court considered the duty of an appellate court in a children case: ‘What this court should seek to do is to . .
Cited – Ashmore and Others v Corporation of Lloyds HL 13-May-1992
A Judge’s interlocutory order for the trial of a preliminary point could be set aside only if it was clearly wrong: ‘In my opinion, when a judge alive to the possible consequences decides that a particular course should be followed in the conduct of . .
Cited – Gorman v The Trustees of St Clare’s Oxford EAT 23-Oct-1980
The employee sought witness summonses for his employer’s senior management to attend. The tribunal judged that they would be most unlikely to be able to add anything to the witness in middle management who was to be called in relation to deal with . .
See Also – Noorani v Merseyside TEC Limited EAT 21-Apr-1999
A tribunal’s discretion not to grant witness summonses because the witnesses appeared to be only of limited relevance was not to be interfered with, save where it was unreasonable. A tribunal can always act to remedy the refusal later if this . .
These lists may be incomplete.
Updated: 10 May 2021; Ref: scu.145046