How to Prepare Evidence for an Employment Tribunal

Introduction

Preparing solid evidence is the foundation of winning your employment tribunal case – without it, even the strongest claim can fail.

To prepare evidence for an employment tribunal effectively, start by identifying relevant documents like contracts and emails, ensure proper disclosure, draft clear witness statements, and compile an indexed case bundle – all submitted to strict deadlines set by the tribunal. This process follows the Employment Tribunals Rules of Procedure, particularly rules on case management and disclosure. Following these steps helps self-representing claimants present a compelling case.

Evidence makes or breaks tribunal outcomes, as judges rely on facts not emotions. Whether claiming unfair dismissal or discrimination, organised proof shows what happened and why your employer acted wrongly.

In this guide, you will learn the key steps, from gathering documents to final presentation, with practical tips drawn from tribunal practice.

What Counts as Evidence in an Employment Tribunal?

Evidence includes any document, statement, or record that supports your claims or counters the respondent’s case, such as emails, payslips, and witness accounts.

In UK employment tribunals, evidence proves the facts of your case. Under the Employment Tribunals Rules of Procedure (Schedule 1), tribunals decide based on the balance of probabilities, meaning your evidence must make your version of events more likely than not.

Relevant evidence directly links to issues like whether you were unfairly dismissed or discriminated against. For example, an email showing your boss ignored your grievance about bullying supports a constructive dismissal claim.

Irrelevant or weak evidence, like unrelated personal opinions, can harm your credibility. Focus on factual, verifiable items that tribunals value most.

Step 1: Gathering Your Documentation

Collect all relevant documents early, including contracts, emails, payslips, policies, and notes, then organise them chronologically.

Begin by making a comprehensive list of documents that prove your claims. This includes your employment contract, payslips showing unpaid wages, emails documenting performance issues or harassment, company policies on discipline, and your own contemporaneous notes.

Request copies from your ex-employer if needed, but do not harass them – tribunals expect reasonable efforts. Use the Subject Access Request under data protection laws for personal data.

Digitise everything: scan paper documents and back up emails. Label files clearly, e.g., ‘Dismissal Meeting Notes 15-03-2023’. This prevents loss and aids searching.

Exclude privileged documents like legal advice, but disclose everything else relevant.

• Employment contract and handbook
• Payslips and wage records
• Emails and letters
• Meeting notes and diaries
• Performance reviews
• Grievance and disciplinary records

Disclosure: What You Must Share

Under rule 27, you must disclose relevant documents to the other side upon tribunal order or agreement, promoting fairness.

Disclosure ensures both parties have access to key documents, preventing surprises at hearings. The tribunal can order specific disclosure at case management discussions.

Standard disclosure covers documents you rely on, those harming your case, and any that could support the other side. Conduct a reasonable search of emails, files, and devices.

Once lists are exchanged, inspect documents if requested. Redact irrelevant sensitive parts only with permission.

Failure to disclose can result in costs orders or evidence exclusion.

1. Agree or request disclosure directions at preliminary hearing.
2. Search for and list relevant documents.
3. Serve disclosure list and copies on the other party.
4. Comply with inspection requests within 7 days.

For more on preliminary hearings, see here.

Preparing Witness Statements

Witness statements must be factual, chronological, and signed, exchanged before the hearing as directed.

Witness statements replace oral evidence in chief. They should use first-person language, stick to facts the witness can prove, and reference documents e.g., ‘See page 45, email dated 10/04/2023’.

Structure them chronologically: background, key events, impact. Keep concise, aiming for 1-2 pages per major incident.

Number paragraphs and pages. End with a statement of truth: ‘This statement is true to the best of my knowledge.’ Have witnesses sign and date.

Prepare supporting witnesses similarly, focusing on what they observed.

• Use simple language
• Avoid arguments or opinions
• Reference bundle pages
• Proofread for clarity

Building Your Case Bundle

The case bundle is a single, paginated set of all documents, indexed, with claimant and respondent copies.

The bundle organises evidence for the judge and panel. It typically includes claim form, response, orders, statements, and core documents – usually under 500 pages.

Paginate continuously from front to back. Create an index listing each document with page numbers and descriptions.

Arrange chronologically where possible, or thematically. Highlight key parts sparingly.

Parties agree the bundle contents at case management; the claimant often prepares it.

1. Compile all disclosed documents.
2. Index and paginate.
3. Bind securely (no staples).
4. Send copies 7 days before hearing.

Key Timelines for Submitting Evidence

Follow tribunal orders strictly: bundles and statements usually 7-14 days before hearing.

Timelines vary but final hearing notices give at least 14 days’ notice (rule 44). Case management orders set deadlines for bundles, statements, and disclosure.

Missed deadlines risk adjournment refusals or costs. Submit via tribunal office or email if allowed.

Track all dates in a calendar.

Early conciliation pauses time limits but not evidence prep.

For more on making a claim, see here.

Tips for Presenting Evidence at the Hearing

Refer to bundle pages clearly, remain calm, and let evidence speak during cross-examination.

At the hearing, take the judge through your bundle methodically. Say ‘As page 23 shows…’ instead of handing loose papers.

Witnesses confirm statements on oath then face cross-examination – stick to the statement.

The tribunal controls procedure but expects you to know your case.

Prepare questions for respondent witnesses.

Dress professionally and arrive early.

• Practice your bundle walkthrough
• Anticipate counter-arguments
• Bring spare copies
• Stay factual under pressure

Conclusion

Mastering how to prepare evidence for an employment tribunal boosts your chances of success. From gathering documentation to crafting the perfect case bundle, each step builds a robust claim.

Follow tribunal rules on disclosure and witness statements to avoid pitfalls. With organised evidence, you present facts powerfully.

Seek free ACAS or Citizens Advice support alongside this guide.