It is not uncommon for employers to have to deal with a situation where a witness is summonsed to attend an inquest – but that witness is off sick. Each case will turn on its own facts, but the below advice should be used as a starting point:
- A witness being summonsed is required to attend by the Court, not as the result of a reasonable management request. The decisions about attendance are ultimately for the Court, not the employer, doctor or witness
- Just because a witness is on long term sick leave and has a DWP fit note, this does not mean they are not fit to attend court and give evidence. Specific evidence is required as to why they are fit to attend court (or give evidence remotely)
- As soon as an organisation is aware that a witness is off sick or may be sick at the point of the inquest, they should alert the Court. It may be that specific medical evidence is produced closer to the Court date, but giving the information early allows for decisions not to be rushed
- Just because a witness has a letter from the doctor saying they are not fit to attend Court, it does not mean they are automatically excused attending. The decision is for the Court
- The medical note should consider whether the witness would be enabled to give their evidence via any special measures – eg Teams, more frequent breaks etc
- Generic and non-specific GP notes are likely to be less effective at persuading a Coroner or Judge that the witness should not attend than a detailed and specific letter
- Every case will turn on its own facts, and different Coroners and Judges may vary in their approach.
Back by popular demand, our Mock Inquests series in our UK offices is returning in 2025 to give you the full experience of what to expect when going through the inquest process. Alongside insights and guides from our nationwide team, we are here to support you and your colleagues through the process at what can be a distressing time.
If you have any initial queries about how we can support you here, or indeed run a bespoke session for you, please contact Sion Davies or Kate Fawell-Comley for more details.
To sign up to one of these events, please choose one of the booking links below for your preferred location:
For further information, please contact:
Elizabeth Wheeler, Hill Dickinson
elizabeth.wheeler@hilldickinson.com
