Witness Statements in the Employment Tribunal
As the person making the claim, your witness statement is your “Evidence in Chief”. You will also have to prepare a witness statement for every witness that you are calling to support your case and they must attend the hearing. If you do not prepare a witness statement, the ET may not allow your witness to speak on your behalf at all. Worse, the case could be adjourned, and a costs order made against you for wasting everyone’s time.
The Employment Tribunal (ET) will usually make an order at the first Preliminary Hearing for you and your Employer to exchange witness statements. They can also write separately asking you to submit a witness statement. Even if the ET does not do this, you and your Employer must arrange to exchange witness statements before the hearing. There are different types of witness statements and you may end up writing more than one. You are likely to need one for preliminary hearings to decide an issue and will definitely need witness statements for your final hearing.
Last Updated: [06/01/2022]