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Using Emails as evidence in Employment Tribunal

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pipflower | 19:50 Tue 21st Apr 2009 | Law
5 Answers
Is it legal to use an email as evidence in a Grievance and possible Employment Tribunal without the senders permission?

Also, I am worried that the Company I have my grievance with are going to put pressure on the staff still working there who are my witnesses, to say they did not witness anything. (my first grievance hearing resulted in a report coming back saying the staff did not substantiate my claims when I know two staff did)

Id really appreciate your advice. Thank you in advance
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Considering what has been in the new recently about emails being sent by advisors in the labour party then I would consider that emails are reliable evidence with or without the senders permission!
Bearing in mind that you are fighting to save your job or at least to get some recompense from a dismissal, I would use anything that you have to help you regardless.
Best of luck
Sue
Sorry did not answer the second part of your question. In my experience with a company that I was unfairly dismissed from years ago, I had an employee who was initally able to back up my side of the story. She was soon leaned on by our managers and she backed away from helping me, fearful for her own job.
Unless you have substantial evidence to back up your case, you cannot rely on the help from work colleagues who obviously will be mindful of the safety of their own jobs. If you do, then I would add bullying by the company to your list of grievances.
Best of luck
Sue
Question Author
Hi Sue, that is exactly what has happened, people have been leaned on to withdraw, but I have emails from staff etc, acknowledging they witnessed these, and if its a case of my word against works, then I will have to use these. I dont want to, but my reputation, job etc may depend on them.

Thanks for replying.
Definately! I cannot see any reason as to why you should not be able to use them.
Best of luck with all of this pipflower, I did not realise that in fact I had also answered your other question, obviously the 2 are related!
Just try not to get too stressed out over this, it is difficult not too, but looking back at my own experience, the stress that I applied to my situation was completely out of proportion to the end result, which ended up with me getting a better job with a nicer company, now I own my own company (funnily enough the company that sacked me are now falling over themselves to get me to place advertising with them, sweet revenge, considering my name was mud according to them years ago!) I am sure that whatever happens you will be in a better place than you are now!
Cheers Sue
Question Author
Thanks Sue, I really appreciate your support, Its good hearing from someone who has been through this and survived. This is very important to me as I was done a great wrong and Im an honest person, and I am standing up, but at the same time, worried about my future and reputation because of it, so hearing from you has encourged me.

Thank you.

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