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Monday, July 14, 2025
FREQUENTLY ASKED QUESTIONS ON WITNESS STATEMENTS
in the employment tribunal
Worried about your witness statement? These answers will help you feel more prepared.
What is a witness statement in the employment tribunal
A witness statement is a written document setting out what a person saw, did, or experienced that is relevant to the case. It is the main way a witness gives evidence at a tribunal.
How do I write a witness statement for an employment tribunal?
Start with your name and role, then describe the events clearly and in date order. Stick to facts and explain things in your own words.
What should I include in my witness statement?
Include your job title, key dates, what happened, and how it affected you. Avoid opinions and keep it relevant to your claim.
Can I use a template for a witness statement?
Yes. A template helps with structure, but make sure the content is personal and accurate. Don’t just copy standard wording.
When do I have to submit my witness statement to the tribunal?
The tribunal will give a deadline in a case management order. Missing it could cause problems for your case.
Can I change my witness statement after I’ve submitted it?
You can, but only with the tribunal’s permission or agreement from the other side. Changes should be explained.
What if the other side’s witness statement isn’t true?
You can challenge it during the hearing or in your own statement. Stick to the facts and explain why you disagree.
Do I need to sign my witness statement?
Yes. You must sign a statement of truth confirming your evidence is accurate. This is required by tribunal rules.
Can someone else write my witness statement for me?
You can get help with wording, but the content must come from you. You must understand and agree with everything in it.
What happens if I don’t provide a witness statement?
You may not be allowed to give evidence. The tribunal could decide the case based on the written evidence available.
RELATED RESOURCES
Blog Posts on employment tribunal
Witness Statements
Other Resources
on witness statement in the employment tribunal
Here is a link to the Scottish Employment Tribunal's guidance on witness statements. Although not binding in England and Wales, it provides a useful guide on the structure and contents of witness statements.
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!
Try to settle the dispute without starting a claim.
Not able to resolve your issue? Then set out your complaint by completing the ET1 and respond with an ET3
Once the claim has started get the roadmap for your case at a Case Management Hearing ("CMH").
The CMH may identify specific issues to resolve before a Final Hearing, like strike-out or employment status.
You will be ordered to exchange all relevant documents with the other side.
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.
This is when your case is decided by the tribunal.
If you win, this stage decides compensation or reinstatement
You may be able to challenge the outcome — but only on limited grounds.
🎥 Other Resources
📚 Free Guide 📘
Click here for my free tribunal guide.
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