Johnson & Ors v Carnaud Metal Box [1997] UKEAT 531_97_2904 (29 April 1997)

Johnson & Ors v Carnaud Metal Box [1997] UKEAT 531_97_2904 (29 April 1997)

The tribunal erred in law by refusing to issue witness orders solely on the basis that there was no evidence the witnesses were unwilling to attend voluntarily; witness orders may be necessary where there is doubt about voluntary attendance.

Citation
[1997] UKEAT 531_97_2904
Parties
Applicant: Ms C Johnson; Respondent: Carnaud Metal Box
Jurisdiction
United Kingdom
Judgment Date
29 April 1997
Procedural Posture
Appeal Against Interlocutory Decision / Interlocutory Hearing
Outcome
appeal allowed in part
Legal Topics
Equal Pay, Witness Orders, Industrial Tribunal Procedure
Employment Law Equal Pay Witness Orders Industrial Tribunal Procedure

Case Brief

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Parties

Ms C Johnson

Applicant

Carnaud Metal Box

Respondent

Procedural Posture

Appeal Against Interlocutory Decision / Interlocutory Hearing

Legal Issues

  1. 1 Whether the tribunal erred in refusing to issue witness orders for comparators in an equal pay claim

Ratio Decidendi

The tribunal erred in law by refusing to issue witness orders solely on the basis that there was no evidence the witnesses were unwilling to attend voluntarily; witness orders may be necessary where there is doubt about voluntary attendance.

Court Disposition

appeal allowed in part

Orders

  • Witness Orders to be made as sought by the applicant
  • Hearing not to start as scheduled; parties may apply to the Chairman regarding use of remaining hearing days