In your employment tribunal case, you’ll have to provide a witness statement, as will any other people involved. These are usually provided in writing and exchanged via email simultaneously with the other party one to four weeks before the hearing.
Once witness statements have been exchanged, you usually can’t add any more evidence or change the contents of your file. Quite understandably then, this important part of the employment tribunal process is a common cause for concern. In particular, claimants are often concerned about the impact of their statement on the outcome of the case.
In this article, we’ll guide you through how to write an effective employment tribunal witness statement.
Table of Contents
- What is a witness statement?
- How to write a witness statement for an employment tribunal
- What writing style should you use for a witness statement?
- How are witness statements used at an employment tribunal?
- Will I have to give evidence at an employment tribunal?
- What is an unless order?
- Get expert help with your employment tribunal witness statement
What is a witness statement?
A witness statement is a personal account provided by individuals giving evidence at a tribunal hearing. It ties together the evidence, mentioning important developments and documents, and highlights them for the tribunal's consideration.
How to write a witness statement for an employment tribunal
If you need to give a witness statement for an employment tribunal, they'll guide you on how to do it. Or, if you're working with an employment solicitor, they can help you create the statement and organize all the evidence.
The main goal of your witness statement is to lay out the facts of your case and explain why you're making your claim to the tribunal.
The basics
Your witness statement should:
Be typed, not handwritten, and each paragraph numbered.
Use one-and-a-half line spacing and at least a 12-point font that is easy to read.
Reference relevant documents by their page number in brackets after mentioning them.
Say what happened, in the order it happened.
Include the full names of anyone mentioned.
Be true and accurate.
What to say in your witness statement
Your witness statement for the employment tribunal should honestly outline events in the order they happened, using your own words or directly quoting others if needed.
At the start of your witness statement, you should put:
Your case number
Include your full name, address, a short description of your job role, and the duration of your employment.
Example:
Case no: 1234567
I, [Your Name], residing at [Your Address], submit this statement in support of my claim to the employment tribunal. I was a [Your Job Title] for [Employer's Name]. My responsibilities included [Brief Description of Main Job Duties].
The main part of your witness statement should describe what happened, step by step, in the order it happened.
Refer to relevant evidence like payslips, letters, emails, or other witness statements in your bundle and include their page number.
You might also mention any efforts you've made to reduce your losses or provide feedback on statements and documents disclosed (or not disclosed) by the other party.
Example:
On or around September 9th, 2020, I received an email (p35) from Ms. Cary, the Respondent stating that…
How to end your employment tribunal witness statement
Your statement should end with a statement of truth, which confirms its accuracy to the best of your knowledge and belief. You should also sign and date the statement.
Example:
This statement is true to the best of my knowledge and belief.
[Your Signature]
[Date]
What writing style should you use for a witness statement?
If you’re writing your witness statement for an employment tribunal, you’re likely concerned about what the tone and language you should use.
Our top tip: Avoid sounding like a lawyer.
Write in English or Welsh, using your own words and a semi-formal tone. Try to avoid slang and inappropriate language, unless you're directly quoting someone, in which case it's fine to include their words.
How are witness statements used at an employment tribunal?
You don't need to read your witness statement aloud during the tribunal. It will already be given to tribunal members before or at the start of the hearing, along with other evidence.
You don't need to memorise your witness statement as you'll be given a copy, but you should read it carefully before you give evidence if you plan to reference parts of it during your testimony.
It's important to know that when you are called to the witness stand to give evidence, you won't be able to use your copies of your witness statement or any other document, including notes, but you will be given new copies so you don't have to rely on your memory.
Will I have to give evidence at an employment tribunal?
Whether you're a claimant, respondent, or witness, you should be prepared to give evidence at an employment tribunal.
When you're called to the witness stand, you'll be asked to swear on a religious book or affirm that you'll tell the truth. Which one you choose is up to you and you'll be given a card with the words you should say.
You'll then be asked questions by barristers representing both sides, the Judge, or tribunal members.
It's important to listen carefully to each question you are asked as a witness and answer truthfully in a clear, loud voice.
If you're confused or did not hear what was asked of you, you should ask for the question to be repeated or clarified.
We know that testifying at an employment tribunal can be nerve-wracking, but try not to stress too much. Whether you're the claimant or respondent, your solicitor or barrister is there to support you throughout the process. Don't hesitate to ask any questions that come up.
The most important thing is to be honest and straightforward when giving evidence. If you're asked a question, answer it directly and in simple language.
What is an unless order?
If the other party isn't meeting their responsibilities and causing delays in your preparation for the full tribunal hearing, you can request an 'unless order' from the tribunal.
If granted, this order tells the other party that their defence will be dismissed if they don't fulfill their obligations promptly.
However, it's important to understand that getting an unless order isn't simple.
An employment law solicitor can offer advice on whether applying for one is advisable in your case.
Get expert help with your employment tribunal witness statement
Dealing with employment tribunals can be stressful. While you might think about handling it alone to save money, having a solicitor can help, especially if you're unsure of how to write a strong witness statement or need employment tribunal representation.
At Lawhive, our Legal Assessment Specialists can check if having an employment lawyer would be useful for your case. We offer personalised fixed-fee quotes for our network of solicitors. Or, if your case is strong, your lawyer might work with you through a "no win, no fee" deal to ease the financial burden.
To learn more, contact us for a free case evaluation and see how we can assist you with your employment tribunal issue.