We all know that coaching a witness for an Employment Tribunal is wrong, but can you train witnesses for the Employment Tribunal (ET)?

What’s the difference between coaching and training, and where should employers draw the line?

We have just launched our new Witness Training offering, where we’ll be helping employers prepare their witnesses for the daunting prospect of giving evidence at tribunal. We’ll be helping HR teams to give their team the best chance of a successful outcome by training in things like:

• The vocab used by parties during a hearing
• The processes, practices and proceedings of the ET
• Defining their role as a witness

So where do we need to draw the line? Let’s look at some examples:

Scenario A

Picture this: A tribunal hearing is only weeks away, and a key witness in your organisation is getting worried about giving evidence. This witness contacts you and asks to speak to the lawyer because he has some questions.

A meeting is arranged, and at this meeting the lawyer discusses the case in general, but then questions from the witness become more specific, to the point where the lawyer is recommending answers to possible questions.

What do you think, coaching or training?

Scenario B

In contrast, picture this situation: Again, a tribunal hearing is imminent, and the nerves are setting in. This time, the witness attends a training course to learn about court processes, and how to provide evidence effectively. But this time there is no reference to the actual testimony that the witness will be giving, and no recommendations about answers to possible questions.

Ok, let’s unpick this a little bit further…

The first scenario is where coaching occurred: the lawyer was preparing their witness about what he should say in court, giving specific examples of answers that the witness could give.

But in scenario B  there is a clear line drawn between the actual case that the witness will be providing evidence for, and the expertise provided on how to give evidence. This is training a witness for the Employment Tribunal.

A good way to look at the difference between coaching and training witnesses is that training aims to prepare witnesses for the legal process, without influencing their testimony. Coaching is the opposite.

Why bother to train your witnesses for the Employment Tribunal? 

• It will give them a good understanding of what to expect, and ensure that they are prepared for the formalities of the Employment Tribunal hearing (jargon and all!)
• They will feel confident throughout the entire ET process
• Enhances their understanding of HR policies
• Promotes collaboration within the respondent team
• Encourages good relationships between the witnesses and you, their employer
• You are more likely to get the best possible outcome for your case

Vista have recently launched a new Witness Training course, where we’ll be helping witnesses build their knowledge and confidence to achieve successful outcomes at the employment tribunal, you can find out more information and make an enquiry here.