We have experts in a wide range of specialties who are experienced in giving evidence in cases of employment law
Employment litigation is often complex, and it is important to identify whether an expert witness may be helpful in a particular case. At expert court reports we can help you to ascertain which expert witnesses may be necessary and the role that expert evidence has in complex cases of employment law.
What issues do our experts typically address?
Expert witnesses may be necessary for many reasons in cases of employment litigation. This is particularly the case when there is a dispute regarding damages.
If you are representing an employee who has been dismissed in the context of whistleblowing, they may have a reasonable claim for unfair dismissal. Expert evidence may be helpful in order to establish whether the organisation was engaged in unsafe practice. Experts in care consultancy have a high level of experience in the standards required by providers to meet the needs of the specific regulatory body. This means that they have the knowledge and experience necessary to be able to give expert evidence on whether a service has met the necessary requirements for safety and care.
Expert evidence is likely to be required in cases where it is alleged that an individual has been the subject of discrimination on the basis of a characteristic that is protected by the Equality Act 2010 such as sex, sexual orientation, race or disability.
In cases where discrimination is being alleged on the grounds of disability, an expert may be instructed to assess an employee to assist the employment tribunal in concluding whether the individual has a disability under section 6(1) of the Equality Act 2010. The specialism of the expert who should be instructed will depend on the nature of the disability. For example, in cases of spinal injury or chronic back pain it may be appropriate to instruct an orthopaedic surgeon, pain specialist, or general practitioner. A physiotherapy expert will be able to provide evidence on the extent of impairment an injury has caused, and an expert in occupational therapy can give guidance on what alterations have been necessary to the individual’s day to day life for them to be able to complete activities of daily living. This can help to ascertain the nature and severity of the impairment.
Our psychiatrists are regularly instructed to assess whether an employee’s mental impairment has a substantial and long-term adverse effect on the their ability to carry out normal day-to-day activities and may therefore be considered a disability. In other cases, a psychiatrist or psychologist may be instructed to address the issue of psychiatric damage. This is essentially the extent of psychiatric harm which may have been caused by the employer. This could be in the context of discrimination, severance or grievance. Although causation is a matter for the court to decide, experts often give evidence on whether an incident such as discrimination leading to unfair dismissal is the likely origin of a mental disorder, or whether it may have occurred anyway. In cases where such damage has occurred, expert evidence can be helpful for the court when determining quantum.
In cases where an individual’s health is affected by inappropriate conditions at work, or where their work performance is compromised by an impairment or disability, an expert may be asked to provide evidence on what reasonable adjustments could be made in order for the person to be able to work safely and maintain necessary standards. Our experts in occupational health are regularly instructed in this matter. Occupational health experts have extensive experience in working with individuals to ascertain whether they are safe to continue working in the current environment in the context of their health and what reasonable adjustments are needed to enable this.