Michael SalterBarrister · Employment Law20+ years in the Employment Tribunal
☰ Menu

What happens if I do not provide a witness statement?

Published: 14th July 20252 min readStage 6 · Witness Statements
What happens if I do not provide a witness statement?

Failing to submit your witness statement to the employment tribunal can 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.

Where this sits in a claim

1Informal Resolution2Presenting a Claim3Case Management4Prelim. Hearings5Disclosure
6Witness Statements
7Final Hearings8Remedies9Appeals

Take this further

If this helped and you want more than the free guide, there are two ways to go further:

Learn it yourselfThe Witness Statement workbook and video course.Visit the Academy →Have it done for youHave me draft or settle your witness statement.See how I can help →

Where this sits

More on Writing a Witness Statement →Back to the topic overview.All Witness Statements guides →Browse every guide on this topic.
Important — information, not advice. This website explains how the Employment Tribunal process works in general terms. It is legal information, not legal advice, and using it does not create a barrister–client relationship. For advice on your own circumstances you should consult a qualified lawyer.