The Employment Tribunal Process Witness Statements

Step by step guidance on the Employment Tribunal Process
In this episode 195 of the podcast Solicitor Alison Colley brings you the fifth in a mini series covering step by step guidance on the Employment Tribunal process. This is applicable for both employees who may want to make a claim and employers who may be defending a claim.

This 5th episode is about the process of preparing and exchanging witness evidence. In this episode Alison covers:

When you need to exchange statements.
How to prepare witness statements.
What witnesses to call.
What you need to include in the witness statement.
Why the word count in your witness statements is important.
Why you need to consider the number of witnesses.
When to make an application to the Employment Tribunal to extend the word count or increase the number of witnesses.
What to consider if you want to compel a witness to attend.
Why it is important to agree the time for exchange of statement.

Links you may find helpful:
Preliminary Hearing in the Employment Tribunal

Defending a claim in the Employment Tribunal

What are the consequences of failing to comply with an Employment Tribunal Case Management Order?

Making an Employment Tribunal claim against your Employer

Fixed Price Advice from Real Experts

Don’t forget you can contact us by telephone [phone] or 023 8098 2006

Other resources available for you
We have a variety of free documents and letters which are available to download here: DIY Documents:

The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.

The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.

[desertfox]

Dear Alison. Thank you for your great presentation. I am not aware that there is a word limit for witness statements for employment tribunals. Please clarify. Thanks.

[svetazdravko]

Dear Alison. Thank you for your podcast, it was very helpful and also mention the issue I have. My case management order states that the witness statements has to be exchanged on 7 of September 2023, however the trial is 7, 8, 9, 10 October 2024. It is not a mistake. Is it not risky for me, I’m the claimant, to give the respondent my statement so early ? I am worried they have so much time to fabricate and play with it. Can they amend their statement after seeing mine?

[saginata]

Is there any room to explain the legal arguments I want to rely on before getting to the tribunal? The facts in my case are fairly straightforward and relatively undisputed, but I have quite a lot to say about why I don't agree with the employer's interpretation of the contract, why I think they have broken the law. I also have some case law and want to talk about how I believe it applies in my case and how the facts in my case apply to the tests set out in the case law.

[kimdodd-jlrr]

Can you be the Claimant's representative and be a witness for the claimant?

[rbrojas]

If ordered to attend and they say something different to what they told you on the phone, isn't that perjury?

[ReRe]

Can you change your list of issues at any point?