Evidence and witness statements for the employment tribunal

Summary

Here we explain what evidence you need to get and what you need to do with it before your employment tribunal hearing. We also explain how to write a witness statement for an employment tribunal and what to do with it/them. This guide covers the law and process in England and Wales. 1 What to prepare 2 If you think your employer has evidence that you don’t have 3 What to do with the evidence 4 The bundle 5 Witness statements for employment tribunal 6 About this guide It is always useful to make a list of the key dates and events, so that you are clear about these and can quickly refer to them. Next, you need to think about what evidence you have that backs up your arguments. Each case is different. What are the key facts and issues for you? What is your employer likely to challenge? If you didn’t get paid as you should, that will be evidence of your payslips, hours worked, your contract, any relevant policies or procedures, letters or emails you sent or received about the problem etc. If you experienced discrimination or harassment, that will be any evidence you have that the discrimination or harassment took place - a diary you kept, emails, text messages, details of any.

Key information

• Initial employment contract and any variations
• Company policies, such as disciplinary and grievance procedures
• Meeting notes, such as anything related to a dismissal
• Emails, letters, text messages or other communications with colleagues or your manager that might be relevant.
• HR records, such as records of appraisals or supervisions
• Medical records, if relevant to your case
• Here we explain what evidence you need to get and what you need to do with it before your employment tribunal hearing. We also explain how to write a witness statement for an employment tribunal and what to do with it/them.
• 1 What to prepare 2 If you think your employer has evidence that you don’t have 3 What to do with the evidence 4 The bundle 5 Witness statements for employment tribunal 6 About this guide
• It is always useful to make a list of the key dates and events, so that you are clear about these and can quickly refer to them.
• Next, you need to think about what evidence you have that backs up your arguments.
• Each case is different. What are the key facts and issues for you? What is your employer likely to challenge?
• If you didn’t get paid as you should, that will be evidence of your payslips, hours worked, your contract, any relevant policies or procedures, letters or emails you sent or received about the problem etc.

Practical guidance

• Source: Evidence and witness statements for the employment tribunal

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