How to Structure a Witness Statement for a Dismissal Case

A witness statement is a central piece of evidence in an Employment Tribunal dismissal case in England and Wales. In unfair dismissal claims, it usually forms the primary account of events relied upon by both the claimant and the employer at the final hearing.

The statement sets out, in written form, a person's version of events relating to employment, the dismissal decision, and the procedures followed. It is exchanged between the parties before the hearing and is treated as evidence in chief, meaning the tribunal will read it before oral questioning begins.

The structure of a witness statement is therefore critical. A clear, chronological, and legally relevant format helps ensure that the tribunal can understand the facts, identify disputed issues, and assess credibility.

Legal Role of a Witness Statement in Employment Tribunal Cases

Employment Tribunals in England and Wales operate under the Employment Tribunals (Rules of Procedure) 2013. These rules allow witness evidence to be presented primarily in written form.

Key features include:

• Witness statements stand as the witness's main evidence
• Oral evidence at the hearing is typically limited to clarification and cross-examination
• Statements must be truthful and reflect personal knowledge
• Parties must exchange statements before the hearing date

The tribunal places significant weight on consistency between the witness statement, documents, and oral evidence.

Core Principles of a Well-Structured Witness Statement

A properly structured dismissal-related witness statement should follow these principles:

• Chronological order of events
• Clear separation of facts from opinion
• Relevance to issues in dispute
• Reference to supporting documents
• Neutral and factual tone

Tribunals expect clarity and precision rather than argument or emotional narrative.

Recommended Structure of a Witness Statement

1. Title and Introduction

The document should begin with:

• Case name and number (if assigned)
• Name of the witness
• Role in the case (claimant, manager, HR representative, etc.)
• Statement of truth

Example structure:

• “Witness Statement of [Name]”
• “I am the claimant/respondent in this case”
• “This statement is made in support of my claim/defence”

The statement of truth confirms that the contents are accurate to the best of the witness's knowledge.

2. Background and Employment History

This section provides context and should include:

• Job title and role
• Date employment started
• Main duties and responsibilities
• Reporting structure
• General performance history (if relevant to dismissal)

This establishes the employment relationship before addressing the dispute.

3. Chronology of Events Leading to the Dispute

This is typically the most important section.

It should set out:

• Key incidents or performance concerns
• Disciplinary or capability processes
• Meetings and correspondence
• Warnings or informal discussions
• Relevant workplace events leading up to dismissal

Events should be written in date order. Each paragraph should generally cover a single event or topic.

4. The Dismissal Decision

This section explains the dismissal itself and should include:

• How the dismissal was communicated
• The reason given by the employer
• Who made the decision (if known)
• Whether a disciplinary hearing took place
• Whether the employee was informed of the right to appeal

In unfair dismissal cases, this section is often closely examined for procedural fairness.

5. Appeal Process (If Applicable)

If an appeal was lodged, include:

• Date of appeal submission
• Grounds of appeal
• Appeal hearing details
• Outcome and reasoning provided
• Any procedural irregularities

The appeal stage can be relevant to overall fairness of the dismissal process.

6. Response to the Other Party's Case

A structured witness statement should directly address disputed points raised by the opposing party.

This may include:

• Denying specific allegations
• Clarifying misunderstandings
• Explaining inconsistencies in the employer's version
• Referring to documents that support your account

This section should remain factual rather than argumentative.

7. Reference to Documents (Exhibits)

Documents relied upon should be clearly identified.

Common exhibits include:

• Emails and internal communications
• Disciplinary records
• Performance reviews
• Meeting notes
• Employment policies
• Letters relating to dismissal or appeal

Each document should be referenced in the statement (for example: “Exhibit A”).

8. Loss and Impact (Where Relevant)

In claimant statements, a final section may address financial and personal impact.

This can include:

• Loss of earnings
• Loss of benefits or pension contributions
• Difficulty finding new employment
• Duration of unemployment

This section should remain factual and supported by figures where possible.

9. Statement of Truth

Every witness statement must end with a statement of truth, confirming accuracy.

Typical wording:

• “I believe that the facts stated in this witness statement are true.”

A false statement may have serious legal consequences, including contempt of court proceedings.

Formatting Requirements and Practical Standards

Employment Tribunals expect witness statements to be:

• Numbered in paragraphs
• Clearly structured with headings or sections
• Chronological in narrative
• Typed and legible
• Paginated if part of a bundle

Avoid:

• Long unbroken blocks of text
• Emotional or subjective language
• Legal argument or case law analysis
• Irrelevant personal history

Common Mistakes in Dismissal Witness Statements

1. Lack of chronology

Non-sequential accounts make it difficult for the tribunal to follow events.

2. Over-inclusion of irrelevant detail

Only facts relevant to dismissal and fairness should be included.

3. Argumentative language

Statements should not read like submissions or legal pleadings.

4. Missing reference to documents

Failure to link statements to evidence reduces credibility.

5. Inconsistency with ET1 or ET3

Differences between pleadings and witness statements may undermine reliability.

Role of Witness Statements in Tribunal Decision-Making

Witness statements are central to how tribunals assess:

• Credibility of each party
• Procedural fairness of dismissal
• Factual disputes between parties
• Reasonableness of employer decisions

At hearing, the tribunal will:

• Read all statements in advance
• Allow cross-examination
• Compare statements against documentary evidence
• Assess consistency and plausibility

Practical Approach to Drafting a Strong Statement

A structured drafting process typically includes:

1. Creating a timeline of events
2. Reviewing all relevant documents
3. Identifying disputed facts
4. Writing in chronological order
5. Linking facts to supporting evidence
6. Reviewing for clarity and neutrality

This approach ensures the statement is coherent and tribunal-ready.

Key Takeaways

A witness statement in a dismissal case is a structured written account of events that forms the primary evidence in an Employment Tribunal. It should:

• Follow a clear chronological structure
• Cover employment background, dismissal events, and appeal process
• Address disputed issues raised by the other party
• Reference supporting documents clearly
• End with a statement of truth

A well-prepared statement assists the tribunal in understanding the facts and assessing whether a dismissal was fair under UK employment law.