Introduction to Employment Tribunal Witness Statements
A witness statement is a written document in which a person sets out their account of events relevant to a legal case. In the context of an employment tribunal, a witness statement is a crucial piece of evidence that supports your version of what happened at work – such as claims of unfair dismissal, discrimination, or other workplace disputes.
Employment tribunals are independent bodies that resolve disagreements between employees and employers about employment rights and obligations. If you’re new to the process, you can find out more about how Employment Tribunals work, what types of cases they handle, and what to expect during proceedings.
Your witness statement serves several important roles in an employment tribunal case:
- Telling Your Story: It allows you to present your side of the story clearly and in your own words, setting out the facts as you understand them.
- Supporting Evidence: It acts as your main evidence, detailing key events, dates, and conversations that support your claim or response.
- Helping the Tribunal: It gives the tribunal a clear narrative to follow, making it easier for the panel to understand the facts and make a fair decision.
Typically, you will submit your witness statement in advance of the hearing. At the hearing, you may be asked questions about your statement by the tribunal panel or the other party’s representative. This process is designed to ensure that everyone has a fair chance to explain their case. For more on the general role of witnesses and statements in legal proceedings, you might find it helpful to read the Introduction to Witnesses and Witness Statements.
Witness statements must follow specific rules set out in the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013. For example, statements should be as detailed and accurate as possible, written in the first person (“I”), and include only information the witness knows to be true. It’s also important to sign and date your statement to confirm its accuracy.
If you’re preparing for an employment tribunal, understanding what to include in your witness statement and how to present it can make a significant difference to your case. For official guidance and more detailed information about the tribunal process, visit Employment Tribunals: A Guide on GOV.UK.
Why Are Witness Statements Important in Employment Tribunals?
A witness statement is a crucial part of an employment tribunal case. It allows you to present your version of events in a clear, organised way, helping the tribunal understand what happened and why you believe your claim or defence is justified.
How Witness Statements Present the Facts
Employment tribunals rely on evidence to make fair decisions. Your witness statement sets out your account of the facts, often in chronological order, and explains how those facts support your case. For example, if you are claiming unfair dismissal, your statement might detail the events leading up to your dismissal, conversations you had with your employer, and any relevant documents or emails. This helps the tribunal see the situation from your perspective.
The Importance of Clear and Truthful Evidence
A strong witness statement is clear, concise, and truthful. Tribunals are guided by the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, which require parties to give evidence that is honest and accurate. Exaggeration or omission can damage your credibility and weaken your case. Always stick to the facts, explain what you saw, heard, or did, and avoid speculation or opinion unless you are specifically asked for it.
How Witness Statements Influence the Tribunal’s Decision
Tribunal judges and panel members use witness statements to understand the key issues in dispute and to test the reliability of each party’s evidence. Well-prepared statements can clarify misunderstandings, highlight inconsistencies in the other side’s case, and support your arguments with specific examples. In many cases, the content of the witness statements will be central to the tribunal’s final decision.
If you want to learn more about the role of witnesses and how statements are used in legal proceedings, our Introduction to Witnesses and Witness Statements offers further guidance and practical tips.
By taking the time to prepare a thorough, honest, and well-structured witness statement, you give yourself the best chance of helping the tribunal reach a fair outcome in your case.
Who Can Write a Witness Statement?
Who Can Write a Witness Statement?
In an employment tribunal, a witness statement is a crucial piece of evidence that tells your side of the story in your own words. But who is allowed to provide one, and what makes a witness statement different from other types of evidence?
Who Can Provide a Witness Statement?
Anyone with relevant information about the case can write a witness statement. This typically includes:
- Claimants: If you are bringing the claim (for example, for unfair dismissal or discrimination), you will almost always need to provide a witness statement. This is your opportunity to explain what happened from your perspective.
- Respondents: If you are defending the claim (usually the employer), you can also provide a witness statement to set out your version of events and respond to the claimant’s allegations.
- Other Witnesses: Other people who have direct knowledge of the facts in dispute can also give statements. This might include colleagues, managers, HR staff, or anyone else who witnessed relevant events or has first-hand knowledge of the issues.
It is important to note that all witnesses must have personal knowledge of the matters they describe. The employment tribunal will only consider statements based on what the witness saw, heard, or experienced themselves – not on hearsay or speculation.
Witness Statements vs. Other Types of Evidence
A witness statement is different from other forms of evidence, such as documents, emails, or photographs. While those items provide supporting material, a witness statement is a written account by a person explaining what they know about the case. It is usually written in the first person and signed by the witness to confirm its truth.
The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 set out the rules for witness statements. These rules require that statements must be as detailed and accurate as possible, and must be based on the witness’s own direct experience. Unlike some other legal settings, employment tribunals generally require witness statements to be exchanged between parties before the hearing, so everyone knows what evidence will be presented.
For a broader overview of how witness statements fit into the wider legal process, you may find it helpful to read Preparing to Give a Witness Statement, which explains the role of witnesses and their statements in court proceedings.
The Importance of Personal Knowledge
The tribunal gives the most weight to evidence from people who have direct, first-hand knowledge of the events in question. For example, if you are saying you were unfairly dismissed, your own statement about what happened is essential – but statements from colleagues who witnessed the dismissal meeting, or who can confirm relevant workplace practices, can also be very valuable.
When preparing a witness statement, focus on facts you personally know to be true. Avoid including opinions, assumptions, or information you have only heard from others. If you are unsure whether someone should provide a statement, consider whether they have direct experience of the events you are describing.
By ensuring all witness statements come from people with genuine, personal knowledge, you help the tribunal reach a fair and informed decision.
How to Prepare Your Employment Tribunal Witness Statement
Writing a strong employment tribunal witness statement can make a real difference to your case. Here’s how to prepare your statement step by step, with practical tips to help you present your evidence clearly and effectively.
1. Understand What Your Statement Should Cover
Your witness statement is your chance to tell your side of the story. It should set out the facts as you remember them, in your own words. Include:
- Key dates: When did important events happen? Be as specific as possible.
- Events and actions: What exactly took place? Describe what happened, where, and who was involved.
- Conversations: If you are referring to what was said, try to recall the exact words used. If you can’t, make it clear that you are summarising.
- Outcomes: Explain what happened as a result of these events – how did they affect you or others?
2. Write Clearly and Simply
Use plain English and avoid complicated legal terms. Your statement should be easy for everyone to understand, including the tribunal panel and the other side. Keep sentences short and to the point. If you need more advice on how to present your evidence, you might find the section on Preparing to Give a Witness Statement useful for practical tips and comparisons with other types of legal proceedings.
3. Organise Your Statement Logically
A well-organised statement is easier to follow. Usually, it’s best to:
- Start with a brief introduction about yourself – your job title, how long you worked for your employer, and your relationship to the case.
- Present events in chronological order, starting with the earliest relevant event and working through to the most recent.
- Use headings or numbered paragraphs to break up your statement and make it easier to read.
- Refer to any supporting documents or evidence as “exhibits” and clearly label them (e.g., “Exhibit 1: Email dated 12 March 2023”).
For further step-by-step guidance and formatting requirements, see the official How to Write a Witness Statement on GOV.UK, which covers everything from heading your statement correctly to numbering paragraphs and referencing exhibits.
4. Be Honest and Stick to the Facts
Your statement must be truthful. Only include information you know first-hand. Avoid guessing, speculating, or including rumours (hearsay). If you are unsure about something, say so. For example, “I believe the meeting took place in June 2022, but I do not remember the exact date.”
- Do not exaggerate: Stick to what you saw, heard, or did.
- Avoid opinions: Unless specifically asked, do not include your opinion or feelings about what happened, unless they are directly relevant (for example, how an event made you feel if it is part of your claim).
- No hearsay: Do not include statements like “I was told by someone else…” unless you make it clear you did not witness the event yourself.
5. Include a Statement of Truth
At the end of your statement, you must include a statement of truth. This confirms that you believe the facts you have given are true. For example:
“I believe that the facts stated in this witness statement are true.”
Sign and date the statement.
Taking the time to prepare your witness statement carefully will help you present your case clearly at the employment tribunal. If you need more detailed guidance, refer to the official government advice linked above, or seek legal support if you have specific concerns about your evidence.
Formatting Your Witness Statement
Formatting Your Witness Statement
A well-formatted witness statement is vital for presenting your evidence clearly and persuasively at an employment tribunal. The tribunal expects statements to follow a standard structure, which helps everyone involved – judges, representatives, and the other party – understand your account and refer to specific points during the hearing.
Standard Format and Structure
Your witness statement should be set out in a logical, easy-to-read format. Typically, it will include the following sections:
1. Title
Begin with a clear title, such as “Witness Statement of [Your Name]”. Directly underneath, state the case number and the parties involved (for example, “In the matter of [Claimant] v [Respondent]”).
2. Introduction
Start by introducing yourself. Include your full name, address, occupation, and your relationship to the case (for instance, “I am the claimant/respondent in this case” or “I am employed as a [job title] by the respondent”). This section makes it clear to the tribunal who you are and why your evidence is relevant.
3. Body of the Statement
The main part of your statement sets out your evidence. Present the facts in chronological order, explaining what happened, when, and who was involved. Be specific – include dates, times, and locations where possible. If you refer to documents (such as emails or contracts), mention them clearly so they can be identified in the hearing bundle.
4. Numbering Paragraphs
It is essential to number each paragraph consecutively throughout your statement. This makes it much easier for the tribunal and the other party to refer to specific points during the hearing. For example:
I started working for the respondent on 10 January 2021 as a customer service advisor.
On 15 March 2022, I raised concerns about my working hours with my line manager, Ms Smith.
5. Statement of Truth and Signature
At the end of your statement, include a statement of truth, such as:
“I believe that the facts stated in this witness statement are true.”
Sign and date the statement underneath. If you are submitting your statement electronically, type your name and the date.
Practical Advice
- Use plain, straightforward language. Avoid jargon or legal terms unless necessary.
- Stick to the facts as you remember them – do not speculate or include information you are unsure about.
- If you need more guidance on how to prepare and present your statement, you may find it helpful to compare the process with Giving Evidence in Court: A Guide to Witnesses and Statements, which outlines similar principles for witnesses in other legal contexts.
Legal Rules and Guidance
Employment tribunal witness statements in England and Wales should comply with the Employment Tribunal Rules of Procedure 2013. Rule 43 requires that witness statements be exchanged before the hearing, and Rule 44 states that witnesses must affirm the truth of their statement. Following the standard format ensures your statement meets these requirements and is taken seriously by the tribunal.
By carefully formatting your witness statement, you make it easier for the tribunal to understand your evidence and for your points to be considered fully during the hearing.
Submitting Your Witness Statement
When your witness statement is ready, it’s crucial to submit it correctly and on time to ensure it can be considered by the employment tribunal. Here’s what you need to know about the process:
When to Submit Your Witness Statement
The employment tribunal will set a specific deadline for exchanging witness statements. This date is usually outlined in the tribunal’s case management order – a document sent to all parties after your claim has been accepted. Typically, both you and your employer (or the other side) must exchange witness statements simultaneously, ensuring fairness.
Missing the deadline can have serious consequences. The tribunal may refuse to accept your statement, or your case could be delayed. If you think you won’t be able to meet the deadline, contact the tribunal as soon as possible to explain your situation.
How to Submit Your Witness Statement
You must send your signed witness statement to:
- The tribunal office handling your case (usually by email or post, as instructed)
- The other party (or their representative)
Always check the tribunal’s instructions carefully for the correct method of submission. Some tribunals may require electronic copies, while others may request hard copies. Make sure your statement is signed and dated before sending it.
Keep a record of when and how you submitted your statement, in case you need to prove you met the deadline.
Procedural Rules and Legal Requirements
The process for submitting witness statements is governed by the Employment Tribunal Rules 2013. These rules outline how documents should be exchanged and the consequences of not following procedures. For example, Rule 41 requires parties to comply with tribunal orders, including deadlines for exchanging witness statements.
If you’re unsure about any aspect of the process, it’s important to review the tribunal’s instructions and consult the official rules. Following these requirements helps make sure your evidence is considered and avoids unnecessary delays.
Why Following Instructions Matters
Tribunal instructions are there to make the process fair and efficient for everyone involved. Failing to follow them – such as missing deadlines, not signing your statement, or sending it to the wrong address – can weaken your case. In some cases, the tribunal may refuse to accept your statement or limit the evidence you can present at the hearing.
How Witness Statements Fit Into Your Case
Submitting your witness statement is just one step in the wider employment tribunal process. If you’re unsure how this fits with other requirements – such as submitting your claim form or preparing for the hearing – see our guide on How to File Your Case with the Employment Tribunal.
For more advice on preparing to give a witness statement, including what to expect if you are called to give evidence in court, visit Preparing to Give a Witness Statement.
By following the tribunal’s instructions and understanding the rules, you can help ensure your witness statement is accepted and supports your case effectively.
Common Mistakes to Avoid When Writing Your Witness Statement
When preparing your employment tribunal witness statement, it’s important to avoid common pitfalls that could undermine your credibility or weaken your case. Here are some of the most frequent mistakes and how to steer clear of them:
1. Including Opinions or Assumptions
Your witness statement should stick to the facts as you directly experienced them. Avoid expressing personal opinions, making assumptions about others’ motives, or speculating about events you did not witness. For example, instead of saying, “I believe my manager was targeting me,” clearly state what happened: “On 10 March, my manager said to me, ‘You are always late,’ in front of my colleagues.” The tribunal is interested in what you saw, heard, or did – not your interpretations or beliefs. For further guidance on preparing factual statements, see the section on Preparing to Give a Witness Statement.
2. Including Irrelevant Information
Keep your statement focused on the issues being considered by the tribunal. Irrelevant details, such as unrelated workplace incidents or personal grievances not connected to your claim, can distract from your main points. Only include information that directly supports your case. For example, if your case is about unfair dismissal, details about unrelated disputes with co-workers are unlikely to help.
3. Late Submission or Failure to Disclose Statements
Tribunals set strict deadlines for exchanging witness statements between parties. Failing to submit your statement on time or not disclosing it to the other side can result in your evidence being excluded. Always check the tribunal’s directions and make sure your statement is served by the required date. If you are unsure about formatting or submitting your statement, the official GOV.UK guidance on Common Mistakes in Witness Statements offers practical tips, such as ensuring all paragraphs are numbered and exhibits are clearly labelled.
4. Not Disclosing Documents Alongside Witness Statements
If you refer to documents in your witness statement – such as emails, contracts, or meeting notes – you must disclose these as exhibits and provide copies to the tribunal and the other party. Failing to do so can lead to those documents being excluded from evidence, which could weaken your case. The tribunal expects all relevant documents to be shared openly, and withholding evidence can have serious consequences, including costs orders or your case being struck out.
To understand more about the possible consequences and how to avoid them, read our guide on the Impact of Not Disclosing Documents in Employment Tribunals.
By being clear, focused, and thorough when writing your witness statement, you can avoid these common mistakes and ensure your evidence is considered fairly. Taking the time to get it right can make a significant difference to your case’s outcome.
How Witness Statements Affect Your Chances of Success
A well-prepared witness statement can make a significant difference to your chances of success at an employment tribunal. The tribunal relies heavily on witness statements to understand the facts of your case, assess the credibility of the parties involved, and determine whether the law has been breached. Your statement is your opportunity to tell your side of the story clearly and persuasively, setting out what happened, how it affected you, and why you believe the law supports your claim.
Tribunal judges expect witness statements to be detailed, relevant, and presented in a logical order. The statement should cover all the key events, refer to any supporting documents, and address the issues the tribunal will decide. For example, if you are claiming unfair dismissal, your statement should explain the circumstances leading up to your dismissal, any disciplinary procedures followed, and how you were treated compared to company policies or ACAS Code of Practice guidelines.
A strong witness statement can improve your credibility, especially if it is consistent with other evidence and avoids exaggeration. On the other hand, a poorly prepared statement – one that is vague, inconsistent, or misses important details – can weaken your case and make it harder for the tribunal to find in your favour.
It’s important to be realistic about your chances. Even the best-written statement cannot change the underlying facts or the strength of the legal case. However, a clear and honest account can help the tribunal understand your position and give you the best possible chance. You may find it helpful to review Understanding Your Chances of Success at Employment Tribunal for a fuller picture of how different factors, including witness statements, influence tribunal outcomes.
If you’re unsure how to prepare your statement or want to understand more about the legal process, you can also read about Working with Witnesses and Statements in the context of preparing for court, which offers practical guidance on presenting your evidence effectively. Taking the time to get your statement right is an investment in your case and can make a real difference to the tribunal’s decision.
Additional Resources and Support
Additional Resources and Support
Writing a witness statement for an employment tribunal can feel daunting, but there are many sources of help and guidance available to support you throughout the process.
Getting Help with Your Witness Statement
If you are unsure how to start or what to include in your statement, you can seek advice from several places:
- Legal advice: Consider contacting a solicitor who specialises in employment law. Many firms offer a free initial consultation, and some may provide fixed-fee services for reviewing or drafting witness statements.
- Trade unions: If you are a member of a trade union, they can often provide support, legal advice, or representation at no extra cost.
- Citizens Advice: Local Citizens Advice offices can help you understand your rights and may offer practical support with preparing your statement.
- Acas (Advisory, Conciliation and Arbitration Service): Acas provides free and impartial advice on workplace rights and can guide you through the tribunal process.
Official Tribunal Resources
The government provides comprehensive guidance on the employment tribunal process, including how to prepare and submit your witness statement. You can contact the employment tribunal customer contact centre for direct support:
- England or Wales: 0300 323 0196
- Welsh language: 0300 303 5176
- Relay UK (for those who cannot hear or speak on the phone): 18001 then 0300 323 0196
- Opening hours: Monday to Friday, 9am to 5pm
For more information on making a claim, deadlines, and what happens at a hearing, visit the official Make a claim to an employment tribunal: Make a claim – GOV.UK.
Understanding Costs and Financial Support
Many people worry about the costs involved in bringing an employment tribunal claim. It’s important to know that, in most cases, you do not have to pay a fee to make a claim. However, there are circumstances where you might be ordered to pay the other side’s costs, for example, if the tribunal decides you have acted unreasonably. For a detailed breakdown of potential expenses and what to expect, see our guide on Employment Tribunal Costs.
Further Support and Related Topics
If you are looking for more information on what happens during a tribunal hearing or want to explore related legal topics, you might find our section on Additional Support and Related Topics helpful.
Remember, preparing a clear and honest witness statement is a key step in presenting your case effectively. Make use of the support available to ensure your statement is as strong as possible.
