if you lost your job, you should set out what you are doing now, and if you have secured alternative employment, details of when you got the job, and how much it pays etc, noting if it is less than you received in your previous role. The final part of the statement should address your current situation, e.g. “Background”, “First Act of Sex Discrimination”, or “Performance Management Meeting on 10 January 2023”. It is a good idea to use headings within your statement, so that the Tribunal can navigate your statement easily, e.g. If you are unsure of an exact date, you can say, “ On or around …” and then put your best estimate of the correct date. This should be set out in chronological order, addressing any evidence you have, and noting key dates. You can then move on to the main section, which will be about what happened leading up to your decision to commence your legal claim. The structure of the Witness Statement is up to you, but it can be a good idea to start off by giving background about you, your role within the employer’s company/organisation, when you joined, and anything you wish to add about your career and what your particular job involves/involved. Tribunals expect all the evidence to be in the witness statements apart from anything new coming out of the witness statements from the other side. For example, in a discrimination case, you will need to focus on each alleged act of discrimination, and on the way the Claimant was treated differently to other workers, and the evidence supporting this. It is important to focus on the key issues. A Claimant’s witness statement in a case of normal length could easily be between 3,000 to 6,000 words. You might find it helpful to look at a sample witness statement, although this sample is for example only and is shorter than a typical statement. More often, however, the witness will not be required to read out the statement, and the Tribunal Judge and members will read it themselves at the start of the hearing, and move straight to questions on the statement. Make sure they are in short easy-to-read sentences. Statements may need to be read out at the hearing. If this is not possible, an explanation will be needed, as it undermines the credibility of the witness to be giving contradictory information. The Claimant’s statement should be consistent with what they have said in the Claim Form (ET1) and any documents written at the time. The witness must understand that the statement is their evidence they must check their statement is accurate, and they will have to sign ‘ the statement of truth’ at the end. If a legal representative writes the statement, s/he should make sure the witness agrees with the contents. “ On 1 January 2022 I received an email from Ms Smith, Director of HR, stating that I was being invited to a meeting to discuss my performance (See of the Bundle)”. ![]() Your statement should highlight the key moments in your story, and refer to the supporting documentation you rely upon, e.g. ![]() If it refers to documents in the Bundle for the hearing, the page number from the bundle should be given in brackets, so the Tribunal can cross-refer between the documents. It is best to type the statement, with numbered paragraphs and sub-headings, and line spacing, and make sure you keep a saved copy on a computer. The statement should normally be written in chronological (date) order, and should be clearly structured, with sub-headings where helpful, to make it easy for the Employment Judge to follow. Normally, the Claimant will confirm with the other side a date and time when they are ready to exchange statements at the same time – you don’t want to give the employer an advantage by sending yours over first. ![]() That includes you as the Claimant, and any witnesses you may have who are willing and able to confirm your allegations against your employer to the Employment Tribunal.Įach witness’s evidence should be fully set out in a written statement, which will be “exchanged” with the Respondent shortly (often a few weeks) before the final hearing. ![]() Home Advice for Parents & Carers Key steps Witness Statements, Cast Lists and Chronologies Witness Statements, Cast Lists and Chronologies Witness StatementsĮach person who gives evidence at the Employment Tribunal will have to produce a written Witness Statement.
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