Giving evidence from abroad in an Employment Tribunal

Global businesses operating in hybrid environments are used to working seamlessly across countries and time zones, with managers and HR teams often based internationally.

However, litigation is different: giving evidence in Employment Tribunal proceedings is not as simple as joining a video call. 

When it comes to the courts, borders still matter. In this article, we’ll explain what steps to take if witnesses are based outside the UK.

Basics

The basic principle is that one country should not seek to exercise the powers of its courts within the territory of another, without having the permission of that other country to do so.  

As a result, the default rule is that witnesses appearing before a court in the UK should be in the UK.  

Appearing in that court from abroad is exceptional and requires permission. 

Updated guidance – how to seek permission for foreign witness evidence:

In January 2025, the Employment Tribunal issued updated non-binding guidance on the steps parties can take if witnesses want to appear from outside the UK.

In summary, there are several hurdles to clear.  

Check first: firstly, check the list of agreements with foreign states, which sets out whether there is an agreement allowing that state’s residents to give evidence to UK tribunals. It’s important not to make any assumptions - for example not all EU countries take the same approach to witnesses giving evidence from their territory to the UK courts. However, many countries do allow their residents to give evidence voluntarily.

Seek state consent: if the UK does not have a standing agreement, then you must obtain consent from that country, which can involve either formal processes under the Hague Convention or direct diplomatic contact via the Foreign Process Section at the Royal Courts of Justice. The responsibility for seeking permission lies with the party calling the witness so planning ahead is critical. Securing foreign consent can take weeks or even months, and failure to do so may result in adjournments or refusal. 

If a state does not respond, or if they refuse permission, then the Employment Tribunal will not be able to hear that witness’ evidence.

Seek Employment Tribunal consent: finally, even if foreign state permission is secured, the Employment Tribunal itself must then agree. 

It will consider whether oral evidence is truly necessary, or whether written evidence or UK-based witnesses would be sufficient, and whether allowing overseas testimony aligns with the Tribunal’s overriding objective of fairness and efficiency.  Failing to seek the Tribunal’s permission could result in a costs awards or other sanctions.

Examples of state arrangements:

• USA: individuals in the USA can voluntarily give evidence by video link in UK civil, commercial and administrative tribunals (either as a witness or when appealing a case).
• Singapore: individuals in Singapore who want to give evidence in Singapore by video link in UK civil, commercial and administrative tribunals must request permission on an individual basis.
• France: there is no agreement with the Government of France to allow individuals in France to voluntarily give evidence from France by video link in UK legal proceedings.
• United Arab Emirates: there is no agreement with the Government of the United Arab Emirates to allow individuals in the United Arab Emirates to voluntarily give evidence by video link in UK legal proceedings. Requests would need to be submitted on a case-by-case basis but there’s no guarantee that a response will be received.

Conclusion and Practical Advice:

Depending on the location of the witness, it can be complex and time intensive to arrange for them to give evidence from abroad in UK Employment Tribunal proceedings.  

If the witness does need to give evidence from abroad, then check the relevant requirements, raise it with the Tribunal and plan ahead.

The practical advice from all of this?  If there is a willingness and a budget, simply proceeding on planning for a witness to attend in person can be the easiest way forward – and indeed you may well prefer for a witness to actually be in the court rather than dialling in from overseas for various reasons.  

Assuming that a witness can “dial in” is certainly an assumption to ensure you avoid.  It requires careful planning and checking – may well involve a lot of administrative work – and can involve a witness not taking the court process as seriously as they would if they were attending in person.  

Guidance for Employment Tribunals in England and Wales 
Guidance for Employment Tribunals in Scotland