The Witness Statement

The primary purpose of a witness statement in the employment tribunal is to deal with all the matters that the tribunal must consider in the claim, whether that claim is being brought or defended. The preparation of a witness statement serves several crucial functions in building and presenting a case:

Establishing Evidence-in-Chief

Written witness statements are typically considered the evidence-in-chief of the witness during the hearing. This means the witness will not generally be required to read their statement aloud.

Capturing Timely Recollection

Early preparation ensures that the witness's recollection is set down on paper while the events are still fresh in their mind and before they can be subject to challenge.

Organising the Narrative

It provides the witness with a proper opportunity to consider the matters and/or events being addressed, ensuring their evidence is presented clearly and logically.

Document Integration

Preparation allows the witness the chance to thoroughly consider any documents referred to in the statement. Familiarity with these documents is critical, as the witness may be asked to comment on them when giving evidence.

Authenticity and Comfort

The words used in the statement must be the witness’s own. The witness must be comfortable with what they have said, and the statement should not commit them to saying anything that they do not genuinely mean.

Strategic Identification

The process enables the legal representative to identify any areas of difficulty or concern at an early stage, allowing the witness can be properly prepared to address these issues at the hearing.

Facilitating Exchange

The tribunal is likely to order the parties to exchange witness statements in advance of the hearing. This exchange allows parties to read what the opposing witnesses are saying, and the witness's comments on those opposing statements can be very helpful in preparing for the hearing.

Final Words

The witness statement acts as the foundation of the witness's testimony, enabling both parties and the tribunal to understand the factual basis of the case prior to cross-examination. Use our free witness statement template to get started.