Preparing to write your witness statement

Writing your statement should begin with careful preparation. The aim is to ensure that your evidence is complete, accurate and supported by available documents.

Gathering documents and evidence

Before you begin, gather all relevant (ideally contemporaneous) documents, such as emails, meeting notes, messages, HR correspondence, and policies. These materials help you recall events accurately and avoid inconsistencies.

Your legal representative may also have a bundle of documents that will be used at the hearing; the contents of your statement should be consistent with that bundle where relevant.

Identifying relevant facts and chronology

Employment Tribunal judgments are often based on the sequence of events. Creating a timeline can be useful. This involves listing key dates, discussions, decisions and actions in the order they occurred. Focus on facts rather than assumptions or opinion. Use the timeline as the structure for your narrative.

Understanding duty to the tribunal

Whether you are a claimant or respondent, your duty is to tell the truth. Your statement must reflect events as you genuinely recall them. You should avoid speculation or exaggeration. If you do not remember something, it is perfectly acceptable to say so.

Structure and content of a good witness statement

Witness statements follow a clear structure so that the Tribunal can understand the context and relevance of your evidence.

Starting with your background and role

Begin by explaining who you are, your job title, and your working relationship with the parties. This introduction provides context and helps the Tribunal understand your perspective.

Setting out facts clearly and chronologically

Present events in order, starting with the earliest relevant incident. Describe what happened, when it happened and who was involved. Use short, factual paragraphs and avoid including irrelevant information. If referring to documents, refer to them by their bundle and page number if possible.

Using first-person and past tense

Write in the first person (“I”) and describe events as you experienced them. Use past tense when describing what happened. For example: “On 14 March, I attended a meeting with my manager, during which I raised concerns about my workload.”

Avoiding opinion and hearsay

Your statement should focus on what you personally saw, heard or did. Avoid speculation about others’ intentions, unless you are describing what they actually said to you. If your understanding is based on something you were told, make this clear: for example, “I was informed by HR that…”

Practical writing tips and style guidance

How your statement reads can affect how easily the Tribunal understands your evidence.

Writing in plain language and proper formatting

Avoid overly formal or complex language. Use plain English and keep sentences direct. Formatting should be clean, with numbered paragraphs and clear spacing. This helps others reference specific parts of your evidence during questioning.

Keeping your statement concise and focused

Your statement should be long enough to cover relevant events but not contain unnecessary detail. Focus on facts that relate directly to the issues the Tribunal will decide. Irrelevant or emotional commentary can distract from key points.

How to deal with sensitive or disputed events

If an event was upsetting, try to describe it factually. You do not need to omit emotional impact, but avoid dramatic language. If there is disagreement about what occurred, simply state your recollection clearly.

Reviewing and submitting the statement

Once the first draft is complete, it should be reviewed carefully before submission.

Checking accuracy, spelling, and dates

Double-check dates, names, and references to documents. Inaccuracies can undermine credibility. Ensure the narrative flows logically and that no important event has been omitted.

Agreeing content with your legal representative

If you have a solicitor, they can help ensure your statement is relevant, compliant with Employment Tribunal expectations, and consistent with your legal case. However, the content must be your own. You should not include anything you do not believe to be true.

How to submit and exchange the statement with other parties

Witness statements are usually exchanged between the parties on a date set by the Tribunal. Both sides receive each other’s statements, and the judge will have copies before the hearing. Once submitted, statements are final, except for minor clarifications.

After submission: preparing for the hearing

The statement also guides your oral evidence.

What happens once the statement is filed

The other side will review your statement and may prepare questions for cross-examination. Likewise, your representative may prepare questions for the other side’s witnesses.

Giving oral evidence and being cross-examined

At the hearing, you will affirm the truth of your statement – this is known as being “sworn in”. You can affirm based on a religious text relevant to you, such as the Bible or the Qur’an, or you can ‘civilly affirm’.

You will then answer questions from the opposing representative. The Employment Judge and the Tribunal panel may also ask questions. Stay calm, listen carefully, and answer each question honestly.

Refreshing memory and using the statement at the hearing

You may read your statement again before giving evidence. You may refer to it during questioning if necessary.

Legal considerations and witness support

Witness obligations and confidentiality

Do not discuss your statement with other witnesses. Doing so can compromise the integrity of the evidence.

In particular, whilst you are sworn in you must not discuss your evidence with anyone else – whether it is a friend, your legal representatives or a family member – until your evidence has concluded and you are dismissed by the Employment Tribunal. This is very important.

Witness expenses and support options

You may be able to claim reasonable expenses for attending the hearing, including travel and loss of earnings.

When to seek legal or professional advice

If you are unsure how to prepare your witness statement, or the issues are complex, legal advice can help ensure that your evidence is presented clearly and effectively.