What happens if a witness won’t come?

If you want someone to be a witness at the Final Hearing and they have refused to come, you can ask the Tribunal to make an 'Order to Attend' which requires that person to attend the Final Hearing.

You should make this application for an 'Order to Attend' after you are told of the dates for the Final Hearing and as soon as you become aware that the person will not attend.

Practice Direction 2 sets out what you need to do to apply for an Order to Attend. You need to:-

1. Complete a Form 2 - Application for Order

2. Complete a Form 7 - Order to Attend

3. File the original and 3 copies of each of these documents in the Tribunal Registry

4. Serve each of these documents on the other party

The Tribunal Member will then consider your application and decide whether to make the Order to Attend. If the Tribunal Member does make the Order to Attend the Tribunal Registry will contact you so you can arrange to collect the order or have it posted to you.

You must then serve the order on the person, together with any witness expenses which are required. See Anti-Discrimination Regulation 2005.

Back to Final Hearing contents list of Self Help Kit