Witness statements

In England and Wales, each side prepares witness statements, setting out the facts relating to the claim. In Scotland, witness statements are not used. Instead witnesses give their evidence verbally. The witness evidence is tested through a process known as cross-examination.

The tribunal panel should also ask the witnesses questions if they have concerns or need clarification about any aspects of their evidence. Since tribunal proceedings are in public, it is a very good idea for an unrepresented claimant to sit in on someone else’s tribunal hearing as part of their case preparation to get a better idea of what to expect. Once the case has been heard, the tribunal issues its judgment with reasons. Either it will do this at the end of the hearing or, if there is no time or the tribunal wishes to consider the case further, it can reserve its judgment and issue it at a later date.

If the judgment is reserved, the tribunal must put its reasons in writing. If it gives its reasons verbally at the end of the hearing, the parties can request that they are provided in writing at the time, or in writing within 14 days. It is always a good idea to ask for written reasons before leaving the tribunal at the end of the hearing.