Discussing case during evidence: BBC get lucky

A sex discrimination case brought against the BBC by one of its journalists, Ms Chidzoy, has been struck out because she was heard talking to a journalist during the adjournment.

Witnesses are not allowed to talk about their cases while they are under oath, during a lunch break, coffee break, evening break, holiday or otherwise. This is because there should be no indication that they have been influenced at all about the evidence they are giving.

In this case clear directions were given to Ms Chidzoy by the Tribunal that she should not talk to the press during the adjournment, and therefore when she did, the issue of trust and reasonable conduct of the claim also arose.

Her claim was struck out.

Implications

Claimants and Respondents will disregard directions, even ones that seem obtuse, at their peril. Tribunals are serious, and the rules are there for a purpose. Justice must not only be done, but be seen to be being done.

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