The Foreign, Commonwealth and Development Office (FCDO) has published a list of countries from which individuals can give evidence by video link for UK tribunal cases. This includes cases held in the immigration, employment and tax tribunals.
Giving Evidence Via Video Link From Abroad
The last few years have brought significant changes to the workplace, including the adoption of video conferencing for tribunal hearings. While this has made it easier for witnesses based abroad to attend such hearings, it is necessary to be aware of the legal position that applies in such circumstances.
In the case of Agbabiaka (Evidence from Abroad: Nare Guidance: Nigeria)(2021), the Upper Tribunal (Immigration and Asylum Chamber) concluded that permission from a foreign country was necessary before a witness could provide oral evidence to a UK immigration tribunal from that country.
In a presidential guidance issued in April 2022 (but last updated in July 2022), the Presidents of the employment tribunal in both England and Wales and Scotland confirmed that although that decision was not binding on the employment tribunal, they took the view that it was appropriate to follow the same approach.
The guidance also noted the FCDO’s intention to publish and maintain an online list of those foreign states allowing the giving of evidence to UK tribunals, along with any conditions attached.
Which Countries Allow This?
This list has now been published and can be found here.
For the majority of countries on the list, individuals can voluntarily provide evidence from that country to the UK via video link. However, some countries apply restrictions or may require the individual to request permission. Furthermore, the FCDO website states that citizens or residents of Lithuania, Luxembourg and South Sudan are currently not permitted to give evidence by video link in UK tribunal cases.
The FCDO intends to maintain the list going forward but if a particular country from which you wish to give evidence is currently not listed, the FCDO recommends contacting the relevant tribunal to check if you are permitted to give evidence.
This list applies just to tribunals; the rules are different concerning criminal matters and civil and commercial court cases. For more news, follow our blog.
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