Claim based on witness statements?

In Parmar v East Leics Medical Practice the claimant tried to base a claim of harassment on remarks made in witness statements filed in connection with a previous tribunal claim which had not proceeded to a hearing. The EAT confirmed that it is not possible to do this. Even if witnesses are careless or wrong in their evidence, this cannot form the basis of a civil claim against them, or their employer.

Point to note –

  • Although statements given in evidence cannot form the basis for a free-standing claim, parties to employment tribunal proceedings should remember that it is possible for a claimant to be awarded aggravated damages in respect of the way the respondents defend the claim. Vexatious litigants may also be penalised by having costs orders made against them.