You should keep the structure chronological.Ī useful tip is to start each substantive, or major paragraph, with a date. The way I prefer to write witness statements is to start off by giving a little background about:įollowing this I would move onto the “meat and drink” of your evidence setting out, in chronological order, exactly what happened leading up to your decision to commence a legal claim. Tell your story in a logical way which makes it easy for the reader to understand. You should try to keep your witness statement as clear and concise as possible, describing what happened and in what order. It should be as clear and concise as possible If you try to do this, the Judge will possibly stop you from giving such evidence and ask for an explanation as to why you did not include it when you compiled your original witness statement.Īs such, this supplementary evidence will be deemed inadmissible, and its exclusion could prove detrimental to the outcome of your case. If you fail to include important evidence in your statement, when giving oral evidence in the witness box, you cannot say “Oh, by the way Judge, there’s something I forgot to mention in my witness statement, which is ….”.
No automatic right to supplement the contents of your statement Therefore, the details within your witness statement should describe and support this argument.Īs such, you may want to focus on the procedural defects in your dismissal, before going on to explain why you feel, overall, that the decision to dismiss you was unfair. You should think in advance what areas your statement needs to cover in order to win the specific legal claim you have advanced at Employment Tribunal.įor example, the legal test for an unfair dismissal claim is that your dismissal was, in all the circumstances of your case, unfair. You must understand that the Employment Tribunal Judge (or judging panel) will simply read your witness statement and accept that as your evidence. It supports the documentation, recordings, CCTV footage and other evidence on which your claim will be judged. When drafting your statement you need to keep in mind that it is this submission that basically brings all your evidence together.
Your statement adds context to your evidence
You must therefore ensure it includes ALL relevant information that you (or your witnesses) wish to convey to the tribunal.Īny relevant or important information you omit from your witness statement and then seek to give to the tribunal when your case is heard, will not be admissible. This also applies to the statements of any witnesses you may wish to call in support of your case. The importance of producing a comprehensive, accurate and relevant witness statement cannot be understated!Įssentially, it serves to bring all the evidence together on which your case is based, and thereby considered by the Employment Tribunal. Last updated: 22nd November 2021 The quality of your witness statement is of vital important in the Employment Tribunal process.
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