The Employment Tribunal Rules (Rule 92 of Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 states that parties should copy other parties in to communication to the Tribunal except where there is an application for a witness order. It is well-established that a Tribunal may make a witness order in favour of a party without recourse to the other. The case of Christie v Paul, Weiss, Rifkind, Wharton & Garrisson LLP demonstrates that this does not prevent a Tribunal from seeking the other party’s view where it is in the interests of justice to do so.
