Witness statements


In England and Wales, each side prepares witness statements. Each witness statement should tell that individual’s truthful account of their part in the relevant events, using their own words. Witnesses will be cross-examined about the things they say in their statement at any eventual trial. 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 should also ask the witnesses questions if they have concerns or need clarification about aspects 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 that of the claimant. A claimant who has kept a careful record of their dispute from the start will be able to use this as the basis for their witness statement. 


“Character statements” — statements by someone confirming, for example, that the claimant is a good and trustworthy person — are not generally helpful in tribunal proceedings. The tribunal will form its own view of the claimant’s character after listening to them give their evidence and respond to questioning about their claim. 


In the employer’s case, the main witness statement 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, depending on the facts of the case. In Scotland, witness statements are not used. Instead witnesses give their evidence verbally. 


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