Employment Tribunals: gathering evidence
If you are bringing a claim to the Employment Tribunal, gathering strong and well-presented evidence is one of the most important steps you can take. The Tribunal will make its decision based on the evidence put before it, not simply on what you believe happened. This means that the way you collect, organise, and present evidence can strongly influence the outcome of your case. This guide explains the types of evidence you may need, how to gather and organise it effectively, and the common pitfalls to avoid.
Relevant guides
Employment Tribunal claim processET1 formsPreliminary hearingsWitness statementsWhy gathering evidence is crucial
The Employment Tribunal can only decide on the evidence before it
The Employment Tribunal works on the basis of evidence. It is not enough to say that something happened—you must be able to demonstrate it, either through documentation, communications, witness testimony, or other forms of proof; the Tribunal will use this evidence to decide whether or not something happened “on he balance of probabilities”.
Even if your case feels morally or emotionally strong, the Tribunal will only consider what is relevant and can be shown to be true on the balance of probabilities.
Employers often hold key documents
In many employment disputes, the employer may hold the majority of relevant documents—such as HR records, meeting notes, internal correspondence, and investigation reports. Whilst disclosure rules mean they must provide relevant documents later in the process, it is helpful for you to gather any evidence you already have or can obtain before your employment ends. Once employment has ended, access to internal systems may be cut off.
Types of evidence you should collect
Documents: contracts, correspondence, policies
Start by gathering the core documents that define your employment relationship and the policies your employer expected you to follow. This may include:
- Your employment contract
- Any contract amendments or job role changes
- Staff handbooks or workplace policies
- Disciplinary or performance procedure documents
- Grievance or complaint responses
- Letters confirming decisions (for example, dismissals or warnings)
These documents help the Tribunal understand what your rights were and whether the employer followed its own procedures.
Digital and electronic communications: emails, chats, texts
Emails and messages often provide key evidence regarding events, instructions, or behaviours. Relevant communications may include:
- Emails with managers or HR
- Messages on Teams, Slack, WhatsApp, SMS or similar platforms
- Screenshots of internal messaging tools
Make sure that capturing these messages complies with confidentiality and data protection rules. You should not forward confidential company information to yourself without good reason. When in doubt, seek legal advice.
Witness statements and colleague evidence
Colleagues who saw what happened or were involved in certain discussions may be willing to provide a statement. Witnesses can give powerful support, but individuals may be nervous about involvement—particularly if they still work for the employer. Approach potential witnesses sensitively, and consider asking a solicitor to contact them on your behalf if necessary.
How to organise your evidence
Creating a clear chronology of events
A timeline helps the Tribunal understand your case quickly. It should set out the key events in the order they occurred, with dates, names, and references to the documents that support each event. This timeline will also help when drafting your witness statement.
Preparing an indexed bundle of documents
The Tribunal usually requires both parties to produce a shared bundle of documents for use during the hearing. This bundle is indexed and paginated, allowing everyone to refer to the same page number when discussing evidence. Even if the employer prepares the final bundle, organising your documents early helps ensure your evidence is included and presented clearly.
Labelling and numbering to aid review
Where possible, label your documents with brief descriptions and dates. For example, “Email to HR 14 June 2024 – raising concerns about workload”. Clear labelling assists both your representative and the Tribunal Panel in reviewing evidence quickly.
Legal rules and disclosure obligations
The duty of disclosure and what it means
Both you and your employer must disclose all documents relevant to the case—even those that may harm your argument. Attempting to hide negative evidence can damage your credibility and the outcome of the case.
Responding to a Tribunal’s Disclosure Order
Tribunals may issue orders requiring specific documents to be disclosed by certain dates. It is important to comply with these deadlines and request extensions if needed.
Avoiding Hidden or Withheld Evidence
If you believe your employer is withholding documents—such as internal investigation notes or correspondence—you can request disclosure through the Tribunal. You may also request specific documents by referencing them in your witness statement.
Practical Steps for Claimants
Making Subject Access Requests and Data Disclosures
A Subject Access Request (SAR) under the UK GDPR allows you to request personal data that your employer holds about you. This can help uncover documents such as emails written about you, internal reports, or notes of meetings.
However, SARs can take time to process, and employers may redact certain information. If timing is critical, mention the SAR in your Tribunal case so deadlines can be managed accordingly.
Keeping Your Own Contemporaneous Records or Diary
Keeping detailed notes of events, conversations, or incidents can be useful—especially in harassment, discrimination, or performance management cases. These contemporaneous records can support your recollection when preparing your witness statement.
Confirming What You Already Have Before You Leave Employment
Before your employment ends, make sure to review your emails, copies of contracts, policy documents, letters, and anything that relates directly to your treatment. Again, be cautious not to take confidential or commercially sensitive information belonging to the employer.
Common Mistakes and How to Avoid Them
Including Irrelevant Documents or Too Much Content
More evidence is not always better. Focus on documents that support the legal and factual issues in your claim. Irrelevant material can distract from the main issues and make your case harder to follow.
Poor Organisation and Unclear Indexing
Poorly presented evidence can weaken even a strong case. Clear organisation shows professionalism and helps the Tribunal follow your arguments.
Failing to Record Key Dates or Events
Dates are often crucial. Ensure your chronology is accurate and consistent with your witness statement.
What Happens After You Gather Evidence
Sharing Documents with Your Solicitor or Representative
Your representative can help you assess which documents are relevant, how to present them, and whether further evidence is needed. They can also advise on witness strategy.
Submitting Your Bundle and Exchanging with the Other Party
The Tribunal procedure requires both sides to see each other’s evidence. This exchange is usually done before the hearing.
Using Your Evidence During a Hearing or Cross-Examination
Your evidence will be referred to throughout the hearing, particularly during witness testimony and cross-examination. Clear referencing and page numbering allow you to present your case confidently.
The information on this page is intended for general informational purposes only and does not constitute legal advice.
Contact Our Employment Solicitors
Our employment lawyers are experts in dealing with Employment Tribunal claims and advising on employment disputes.
Tessa Harris supervises our employment law team and has extensive experience in advising employees on employment claims, Employment Tribunal proceedings, and settlement agreements.
Speak to Tessa today to discuss your situation.
