What Should a Witness Statement Include for an Employment Tribunal?

A weak witness statement can undermine your entire employment tribunal case, leaving the judge unconvinced by your evidence.

Introduction

A witness statement employment tribunal relies on sets out the key facts in your case from the perspective of you or your witness, helping the employment judge understand what happened without needing lengthy oral testimony. It must follow specific rules on structure, content, and format to be effective and admissible. This guide explains exactly what to include, common mistakes to avoid, and how to make yours stand out.

Witness statements are crucial in UK employment tribunals as they form the backbone of your evidence exchange under tribunal orders. Whether you are the claimant, respondent, or calling tribunal witnesses, getting this right boosts your chances of success. We cover statement structure, distinguishing facts vs opinion, and practical tips for self-representing parties.

By the end, you will know how to draft a clear, concise witness statement that tribunals expect, drawing from standard practices in Employment Tribunal Rules and Presidential Guidance.

The Purpose of a Witness Statement in an Employment Tribunal

In an employment tribunal, a witness statement serves as your sworn written evidence, outlining what you or your witness personally saw, heard, said, or did in relation to the claim. Employment judges read these before the hearing to grasp the issues quickly. According to standard tribunal practice, they replace much of the oral testimony, making preparation vital.

The goal is clarity and relevance: only include matters that support your case or respond to the other side’s evidence. For tribunal witnesses like colleagues or managers, their statements corroborate or challenge specific events, such as discrimination incidents or dismissal meetings.

Essential Formatting and Structure of a Witness Statement

Tribunals require witness statements to be typed on A4 paper in a clear font like Arial or Times New Roman, size 12 point, with 1.5 or double line spacing and margins of at least 2.5cm. Each paragraph must be consecutively numbered, starting from 1. Begin with the witness’s full name, address, and occupation, followed by ‘I will say as follows.’

Structure your statement logically, typically starting with background employment details before moving to disputed events. End with a statement confirming truthfulness. This statement structure ensures readability and professionalism, aligning with Presidential Guidance on concise evidence.

Sticking to Facts vs Opinions in Your Statement

A core rule for any witness statement employment tribunal submission is facts vs opinion: describe only what you directly observed or experienced. For example, say ‘On 15 March 2023, my manager shouted ‘You are useless!’ at me in the meeting room’ rather than ‘My manager was bullying me.’ The judge decides interpretations; your role is providing raw facts.

Opinions like ‘The company discriminated against me’ belong in submissions, not witness statements. Hearsay, such as ‘Jane told me the boss said…’, weakens evidence unless directly relevant and explained. Stick to first-hand knowledge to avoid objections at the hearing.

• Use phrases like ‘I saw…’, ‘I heard…’, ‘I said…’
• Avoid ‘I believe…’, ‘I think…’, or conclusions.

Organising Content Chronologically

Arrange your statement in chronological order, from your start date or relevant background to the final incident. Use subheadings sparingly for clarity, like ‘Events on 10 April 2023’. This mirrors how tribunals analyse cases, making your evidence easier to cross-reference with bundles.

For complex cases with multiple incidents, group by theme but maintain time sequence within. For instance, in unfair dismissal claims, cover recruitment, performance issues, disciplinary steps, and termination sequentially.

1. List key dates and events.
2. Write a paragraph per significant event.
3. Use transitions like ‘The next day…’.

Referencing Documents and Evidence

Wherever possible, tie facts to evidence by referencing bundle pages, e.g., ‘I wrote the email at page 45 of the bundle.’ This helps the judge verify your account quickly. Attach copies if not in the bundle, but confirm with tribunal directions.

For tribunal witnesses, explain their involvement, like ‘I was present at the meeting described at page 23.’ This interconnects evidence, showing consistency across statements.

The Statement of Truth and Proper Signing

Every witness statement must end with: ‘I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.’ Sign below your name and date it.

This mirrors Civil Procedure Rules adopted in tribunals, ensuring accountability. Unsigned or incorrect statements risk exclusion.

Common Pitfalls to Avoid

Many self-representing parties overload statements with irrelevancies or arguments, prompting judicial criticism. Others forget numbering or use tiny fonts, hindering readability. Always proofread for consistency with other evidence.

Being too emotional or speculative erodes trust; remain neutral and factual. Late submission or ignoring exchange deadlines can lead to strikes out.

• Too long or repetitive.
• Including hearsay without basis.
• Inconsistent dates.
• No references to evidence.

Conclusion

Crafting a strong witness statement employment tribunal document demands attention to statement structure, facts vs opinion, and precise formatting. Following these guidelines maximises your evidence’s impact in UK employment tribunals.

Remember, clarity wins cases: keep it concise, factual, and well-organised. Practice from Presidential Guidance and tribunal rules ensures your preparation aligns with expectations.

Prepare early, review tribunal orders, and focus on quality over quantity for the best outcome.

Frequently asked questions