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Content Hub/Witness Statements FAQ/What happens if I do not provide a witness statement?

Monday, July 14, 2025

Witness Statements FAQ

What happens if I do not provide a witness statement?

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Witness Statements FAQ and Content

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Failing to submit yourwitness statement to the employment tribunalcan have serious consequences. Here’s what you need to know to stay in control of your case.

The Tribunal May Exclude Your Evidence
If you miss the witness statement deadline, the tribunal may refuse to consider any evidence from you. This could prevent you from giving evidence in person, or they may take your claim form as being your witness statement and forming the limit of your case.

The Tribunal May Order Costs
Missing the deadlines to exchange statements, without good reason, can lead to an order that you pay costs if the hearing were to be adjourned.

Chronology of a claim

Disclaimer: Please note, none of the answers on this page or connected pages are legal advice, and whilst reasonable steps are taken to ensure its accuracy at the time of publication, the law changes regularly

🧭 Navigating your Claim

⏳ Chronology of a Claim

Click the button below to view the resources relevant to the stage your claim is at, and what is ahead of you!

🤝 Informal Resolution

Try to settle the dispute without starting a claim.

📝 Presenting a Claim

Not able to resolve your issue? Then set out your complaint by completing the ET1 and respond with an ET3

🔗 Drafting ET1's and Particulars of Claim

🗂️ Case Management

Once the claim has started get the roadmap for your case at a Case Management Hearing ("CMH").

🔗 Case Management Hearings guidance

🎥 Case Management Hearings course

📑 Case Management Hearing Preparation Service

⚖️ Preliminary Applications and Hearings

The CMH may identify specific issues to resolve before a Final Hearing, like strike-out or employment status.

🔗 Strike out content

🔗 Who will be in tribunal?

📂 Disclosure

You will be ordered to exchange all relevant documents with the other side.

🗣️ Witness Statements

You will need to write a detailed account of your evidence before the Final Hearing and possibly any Preliminary Hearing, and send it to the other side.

🔗 Witness statements guidance

🏛️ Final Hearings

This is when your case is decided by the tribunal.

🔗 Who will be in tribunal?

💷 Remedies

If you win, this stage decides compensation or reinstatement

🔗 Injury to feelings damages

🔁 Appeals

You may be able to challenge the outcome — but only on limited grounds.