Preparing Witness Statements for a Tribunal

Witness statements are a central part of evidence in employment tribunal proceedings. They are formal written accounts of what a witness knows about the events in dispute and are treated as a witness's evidence in chief, meaning that the tribunal will generally rely on them as the main evidence from that person unless ordered otherwise. This article explains what a witness statement is, the legal requirements, how to prepare one step by step, considerations for content and structure, practical tips, common challenges and what happens at the hearing.

What Is a Witness Statement?

A witness statement is a written document that sets out what a witness will say about relevant events in a tribunal case. In employment tribunals in England and Wales, witness statements usually replace spoken evidence in chief. The tribunal will read the statements before, or at the start of, the hearing and then ask questions of the witness under oath or affirmation.

For each person giving evidence, including claimants, respondents and additional witnesses, a separate statement should be prepared if that person will give evidence at the hearing. Preparing clear and accurate witness statements helps the tribunal understand the case and reduces the risk of misunderstanding or surprise evidence.

Legal Framework for Witness Statements

Under the Employment Tribunal Procedure Rules 2024, any witness statement ordered by the tribunal must stand as the witness's evidence in chief unless the tribunal orders otherwise. This makes the witness statement the primary evidence from that witness in tribunal proceedings.

Regulation also provides for the inspection of witness statements at the hearing, meaning that those attending can see the statements admitted into evidence.

Tribunals typically set deadlines for exchanging witness statements in case management orders made at preliminary hearings or in writing.

Why Witness Statements Matter

Witness statements serve several important functions:

• They allow the tribunal and all parties to understand the evidence clearly before the hearing.
• They enable parties to prepare cross‑examination questions.
• They focus evidence on fact, order events chronologically, and link the witness's account to documents in the tribunal bundle.

Because statements become part of the tribunal record, they must be accurate and comprehensive. Once exchanged, statements generally cannot be changed, except in very limited circumstances with the tribunal's permission.

Step‑by‑Step: How to Prepare a Witness Statement

1. Follow Any Tribunal Directions

The tribunal will usually issue a case management order setting deadlines and instructions for when witness statements should be exchanged. Parties commonly agree a date for simultaneous exchange of statements so neither side gains an unfair advantage.

2. Start with the Heading and Identification

At the top of the statement, include:

• the tribunal case number;
• the full name of the witness;
• the address or workplace if relevant;
• the witness's role in the case (for example, “Claimant” or “Respondent's Witness”).

3. Use Clear Structure and Numbered Paragraphs

Statements should be typed, easy to read, and divided into numbered paragraphs so that specific points can be referenced easily by the tribunal and other parties.

4. Set Out the Facts in Chronological Order

A clear, chronological narrative makes the sequence of events easier to follow. Evidence should reflect what happened in real time and link to relevant circumstances of the dispute.

5. Refer to Documents

Where a statement refers to a document in the hearing bundle (for example, an email or letter), identify the document and give its page number in the bundle in brackets.

6. Stick to Personal Knowledge

Witnesses should describe facts they personally know or events they have directly experienced. Statements should avoid speculation and focus on factual observations.

7. End with a Statement of Truth

At the end of the document include the formal statement: “I believe that the facts stated in this witness statement are true.” Then add the witness's signature and date.

Content and Tone

When writing a witness statement:

• Use language you would normally use, but keep it professional and clear.
• Explain who people are when first mentioned, giving full names.
• Include relevant background details, such as the witness's job role and length of employment.
• Do not include opinions unless they are genuinely expert in nature; most tribunal witnesses should stick to facts.
• Avoid hearsay and stick to what you know from personal involvement.

Practical Considerations

Exchanging Statements

Typically, witness statements are exchanged between claimant and respondent before the hearing, usually a few weeks in advance, so that each side can prepare questions for cross‑examination.

Preparing Witnesses

If witnesses are unfamiliar with tribunal processes, it is useful to explain how their evidence will be used and that they are likely to be asked questions about their statement at the hearing.

Rehearsal and Familiarity

Witnesses should read their statements thoroughly and be familiar with the content. They should practice answering questions based on their statements so they can respond confidently at the hearing.

Supplementary Statements

If new facts emerge after the main statement has been exchanged, a party may need to apply to the tribunal to file a supplementary statement. However, this is not automatic and typically requires tribunal permission.

Risks and Common Challenges

Changing a Statement

After exchange, changes are generally not permitted except by order of the tribunal. This means witness statements should be complete and accurate before disclosure to the other side.

Inconsistency Between Statements

Inconsistent statements can undermine credibility. Witnesses and those preparing statements should check for internal consistency and alignment with documentary evidence.

Cross‑Examination

Witnesses need to understand their statements because the other side will question them about the contents at the hearing. Honest, clear answers are important.

What Happens at the Hearing

At the tribunal hearing, the witness statement stands as the witness's evidence in chief. The witness will usually swear an oath or affirm their evidence before answering questions from the other party and the tribunal. The statement itself is not normally read out in full during the hearing because tribunal members will already have read it.

Witnesses should bring a copy of their statement and the hearing bundle. They can refer to their statement when answering questions but must not rely on personal notes outside the formal evidence provided.

Key Takeaways

Preparing witness statements for a tribunal is a vital part of presenting your case. Key points include:

• A witness statement is written evidence that usually replaces oral evidence in chief.
• Statements must be accurate, chronological, fact‑based and signed with a statement of truth.
• Each statement should be typed, numbered, and refer to documents in the hearing bundle.
• Statements should be exchanged with the other party before the hearing.
• Once exchanged, changes are limited and statements will be used at the hearing during cross‑examination.

Effective witness statements help the tribunal to understand the evidence clearly and contribute to a fair resolution of disputes in employment tribunal cases.