Witness statements





In England and Wales, each side prepares witness statements. Each statement should tell that individual’s truthful account of their part in the relevant events in their own words. Witnesses can expect to be cross-examined (questioned) about the things they say in their statement. Cross-examination is where the other party or their legal representative asks the witness relevant questions to test the truth of their statement. 





The tribunal panel can also ask the witnesses questions if they have concerns or need clarification of their evidence. The tribunal must make its decision based on the witness statements, the documents before it and the arguments it hears from the parties. 





On the claimant’s side, the main (and usually the only) witness statement is their own. A claimant who has kept a careful record of their dispute from the start will be able to use this to help write their witness statement. 





“Character statements” (statements by someone confirming, for example, that the claimant is trustworthy) are not generally helpful. The tribunal will form its own view of the claimant’s character after listening to them give evidence. 





The main witness statement for the employer will normally be that of the decision-maker (for example, the dismissing officer in an unfair dismissal claim), but there may also be statements from human resources staff and other managers. In Scotland, witness statements are not used. Instead witnesses give their evidence orally. 





Tribunal proceedings are in public so it is a good idea to sit in on someone else’s tribunal hearing to get a better idea of what to expect.