Introhive UK Ltd

Case Summary

An EAT appeal against a tribunal's refusal to grant a witness order for Mr Faisal Abassi on the fourth day of a whistleblowing hearing. The claimants sought to adduce evidence from a previously unwilling witness but failed to disclose the content of his draft statement to the tribunal, providing only topic headings. The appeal was refused on the grounds that the tribunal was not in a position to assess the significance of the evidence without knowing what it would contain.

The tribunal could not be criticised for failing to assess the significance of Mr Abassi's evidence when the claimants had provided no information about its expected content beyond topic headings and had not disclosed the draft witness statement to the tribunal. The tribunal did recognise the evidence was potentially relevant but the claimants cannot criticise it for failing to conduct a qualitative assessment without knowing what the evidence might be.

Use these claim-type pages to compare this decision with other published tribunal cases, outcome patterns, and visible award data.

• •Application for witness order to compel attendance of witness Faisal Abassi
• •Adequacy of disclosure of proposed witness evidence to tribunal
• •Assessment of relevance and significance of witness evidence under Remploy principles
• •Case management discretion and procedural fairness
• •Whether tribunal erred in failing to make qualitative assessment of witness evidence

Judgment approved by the court for handing down Mr C Di Fiore & Ms H Qadri v Introhive UK Ltd © EAT 2026 Page 1 [2026] EAT 82 Neutral Citation Number: [2026] EAT 82 Case No: EA-2022-000205-JOJ EMPLOYMENT APPEAL TRIBUNAL Rolls Building Fetter Lane, London EC4A 1NL Date: 09 June 2026 Before: THE HON. LORD FAIRLEY, PRESIDENT - - - - - - - - - - - - - - - - - - - - - Between: (1) Mr C Di Fiore (2) Ms H Qadri Appellants - and - Introhive UK Limited Respondent - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Iain G. Mitchell K.C. (instructed by direct access) for the Appellants Jen Coyne (instructed by Prettys Solicitors LLP) for the Respondent Hearing dates: 17 & 18 March 2026 - - - - - - - - - - - - - - - - - - - - - JUDGMENT Judgment approved by the court for handing down Mr C Di Fiore & Ms H Qadri v Introhive UK Ltd © EAT 2026 Page 2 [2026] EAT 82 SUMMARY Practice and procedure; refusal of witness order On the fourth day of an evidential hearing, the claimants made an application for a witness order to compel the attendance of a witness who had previously indicated to them that he would not give evidence. When the application was made, the claimants had an unsigned draft statement from the proposed witness. They did not, however, produce the draft to the Tribunal with their application. Instead, they gave a list of headings of topics about which they said the witness would speak. These headings provided no information as to the expected content of the witness’s evidence. The Tribunal refused the application and gave oral reasons. The hearing then continued to its conclusion. The claims were dismissed. An appeal against that decision was not timeously brought. The Registrar refused to extend the time limit, and an appeal against that decision was refused. In the meantime, the Tribunal gave written reasons for refusing the witness ord…