5. Evidence
[ch 5: page 28]It is essential that time is spent preparing evidence for the hearing. The facts and/or how the law applies to the claimant are in dispute and you will need to have everything laid out to support your argument. This means getting together whatever documents are going to be relied on — contracts, policies, letters, emails, payslips — and includes preparing witness statements (see page 34).
You should carefully consider the employer’s ET3 Form response so that evidence can be collected to rebut their claims as well as putting your own arguments.
All the documents you wish to refer to will need to be disclosed to the employer/employer’s representative, and they will have to provide you with copies that they intend to rely on. There will usually be an Order from the tribunal giving a date by which documents are exchanged (each party sends each other their documents), and probably an Order for one party to prepare the bundle of documents (see page 31).