7 Tribunal Evidence Mistakes Workers Often Make

The standard of proof in an employment tribunal is ‘the balance of probabilities’. Meaning, to win, you need to prove it’s more likely than not that your argument is true. Evidence is how you do that. 

For most of us, gathering and preparing evidence for an employment tribunal can be an overwhelming task because it’s unfamiliar. Especially if you don’t have the help of a lawyer. Have I included too much, or too little, information? How do I know what’s relevant?  Do I have to involve my colleagues in the process? There’s a lot to consider. So in this article, we’ll explore some common evidence mistakes, and help you avoid them.

Relying on emotion instead of evidence

It’s good to have passion, and to fight for justice. But unfortunately, that doesn’t win a legal argument. In fact, letting emotion creep into evidence can have a negative effect on its credibility. Instead, you need to focus on facts, dates and documents. 

But how do you separate yourself from the emotion of something which has caused you and your family genuine distress? Let’s take a look at some examples.

Example

Emotional: “My manager constantly bullied me and ruined my mental health.”

Factual: “On 8th and 14th June, my manager shouted at me in front of colleagues (Witness Statement / page 25). I reported this to HR on 15th June (Copy Email / page 27). No further action was taken.” 

The emotional statement has the potential to read like the employee is complaining without specifics. Whereas the factual statement explains what the unacceptable treatment was, when it happened and backs the statement up with evidence.  

Example

Emotional: “My manager thinks he can send me to any of our offices whenever it suits him”.

Factual: “On 2, 4, 10 February and 10, 14, 21 March my manager instructed me to work at the Manchester office without any consultation (Copy Emails / pages 30-34). My contract of employment states that my fixed place of work is Leeds (Contract of Employment / page 5). I have recorded the time and expense I incurred travelling to and from Manchester on those dates (Travel Log / page 35). 

The emotional statement is subjective - it’s the employee's impression of the situation. Whereas the factual statement is objective - these things did happen on these dates. The addition of the travel log not only demonstrates the accuracy of the statement but it also quantifies the expense and time the employee has incurred travelling to Manchester. 

Not keeping a clear timeline of events

The tribunal expects to see a clear chronology. This should list key events in date order and explain where to find evidence of that event. This document will become an important focus during the hearing because it

• simplifies the case for the tribunal
• highlights key events
• establishes a timeline of the facts
• serves as a reference point during the hearing. 

It’s important to ensure that dates are accurate and consistent because you risk damaging your credibility if the other side can demonstrate you’ve made a mistake. Timelines can span many months or even years, so it’s not an easy task to accurately report the date of each event. Reviewing emails, phone records, messages, social media posts, photographs, bank statements, asking friends and family - these are all useful ways to pinpoint when something happened.

It’s a good idea to number and leave a space between each entry for ease of reference and readability. Creating a chronology can be time consuming, but the process forces you to systematically review your case - it’s so important to know your own case.

Missing, Unorganised, or Incomplete Evidence

Your evidence needs to be complete, structured and easy to navigate. Loose, unidentified papers are a problem. You must include all relevant documentation, even if you think it’s not particularly supportive of your argument. 

Group evidence by type. So, place the witness statements together in one section and the expert reports in another. Then, arrange the documents in each section into date order. Place a labelled divider between each section. 

Every page of your evidence bundle should be numbered in sequence. Place an index at the front of the bundle so the tribunal can find documents with ease. The index should list each document, its date and its corresponding page number in the bundle. 

An example folder structure

Section A: Index and Chronology

• Index / table of contents
• Chronology / timeline of events
  
  

Section B: Pleadings and Orders

• ET1 Claim form
• ET3 response form
• Case management orders
  
  

Section C: Contracts and Policies

• Contract of employment (including any amendments)
• Company policies (such as grievance, disciplinary)
  
  

Section D: Correspondence

• Emails
• Letters
• Internal memos
• Meeting notes
  
  

Section E: Financial Records

• Payslips
• P60s
• Evidence of mitigation of loss (attempts to find new work)
• Schedule of loss
  
  

Section F: Medical / Expert Reports

• Medical reports
• Occupational health reports
• Other expert reports
  
  

Section G: Witness Evidence

• Your statement
• Supporting statements from witnesses
  
  

As the process continues, both parties will agree upon a single evidence bundle which will be sent to the tribunal as one PDF file. Usually, it's the employer's responsibility to create that digital file and send it to the tribunal within the time specified. It’s important your evidence is organised and ready so that nothing is missed out. 

Some advice on statements

Your statement, and your witness statements should 

• Be true and accurate: this means the whole truth, even parts which are not helpful to your case. It’s acceptable to repeat offensive language if it was used.
• Include an introductory sentence: start with your name, job title and relevant dates.
• Explain events in chronological order: this helps the Tribunal to get a quick handle on the case. If you don’t know the exact date of something say “around [time]”. 
• Focus on facts, not arguments: stick to what happened, not what you think about it.
• Avoid jargon: use your own words, don’t worry about using legal or formal terminology.
• Contain short paragraphs: number each paragraph for ease of reference.
• Reference evidence: if you’re saying something which is backed up by another piece of evidence, reference that piece of evidence in brackets. For example: “On 5 February 2024, I sent a letter reporting my concerns to my manager (Grievance Letter / Page 25).
• Statement of truth: end the statement with “This statement is true to the best of my knowledge and belief,” signed and dated. 

Approach screenshots with care

Screenshots are becoming more of a feature of evidence bundles, and they can be a useful and simple way to gather evidence. But be aware, there are ‘good’ screenshots and ‘bad’ screenshots.

Editing or Altering Evidence

Never edit the evidence. Don’t change or delete messages, cut screenshots, backdate notes or crop timestamps, no matter how genuine or honest your intention may be. If you do, it’s likely your credibility will be questioned. You could be forced to remove the evidence from your bundle, or worse, if the tribunal thinks you have acted vexatiously or unreasonably, they could order you to pay costs or even strike the whole case out. If in doubt, do not change it. 

It’s definitely useful to highlight key points or write notes to jog your memory. But best practice is to create a second bundle so you have one to highlight and mark up as you wish, and another which stays completely clean. 

When you’re giving evidence in the witness box, you’re only allowed a clean copy of the evidence in front of you. But when you’re questioning the other side, you can flick through your marked up copy. 

Forgetting to Submit Key Employer Documents

Policies and process documents are an essential part of your evidence. It’s natural to focus on your statement or those of your supporting witnesses. But don’t forget to include key employer documents - often these actually support an employee’s argument. For example

• HR policies (like grievance, disciplinary, equality and redundancy) could demonstrate the employer failed to meet an established standard.
• A disciplinary record could highlight inconsistent treatment. A previously unblemished record could undermine the credibility of an allegation against you. 
• A grievance letter could protect you from retaliation, such as dismissal. If retaliation occurs after you’ve filed a grievance, it could strengthen your case for unfair dismissal or discrimination.
• Sickness or occupational health letters show what the employer knew (or should reasonably have known) about your health and when they knew it.  

Reasonable adjustments emails - gaps and delays in correspondence, or repeated requests for information already given could amount to an unreasonable delay in providing adjustments.

Not Getting Witness Support or Statements

Witness statements are often decisive pieces of evidence. The tribunal is more likely to be persuaded by your evidence if it’s substantiated by a credible third party. But involving someone else in your case can be tricky. You might worry your employer will treat a colleague who supports you less favourably. You might feel guilty about asking a friend to go through the stress of giving evidence. Or perhaps it’s hard to choose who to ask. 

For the most part, people want to help; as long as you approach people neutrally and respectfully, it’s unlikely you’ll be met with negativity. 

Here are some tips.

• Assess relevance: focus on witnesses who can give evidence about specific events that are central to the dispute.
• Evaluate credibility: choose people who are believable and speak simply and honestly. Who will be able to separate emotion from facts, dates and documents? We don’t want “I know they bullied her every day”; we want “I overheard the comment made on 9 March”. 
• Consider current employees: they may be a great source of information but be aware that a current employee may be hesitant to speak against their employer.
• Think about ex colleagues: they may find it easier since they no longer have a relationship with the employer, but be careful. Don’t choose someone who may appear as if they have a grudge against the employer - you don’t want their emotion to spill into your case. 
• Family can help too: family and friends are often best placed to speak about the after effects of a dispute at work. 
• Check for willingness and ability to attend: a witness statement is less effective if its author can’t be questioned at the hearing.
• Requesting a witness order: if a crucial witness is unwilling to attend, you can ask the tribunal for a witness order which forces their co-operation. You’ll need to be clear about what that witness can offer and why they don’t want to provide evidence. But be aware, forcing someone to help you could backfire. A reluctant, uncomfortable witness could harm your credibility.
• Have a back up plan: it's best to have a back up in case a witness is unable to attend or their support isn’t as effective as you had hoped.   

Submitting too much Irrelevant Evidence

The temptation is to gather every last detail to make your case appear stronger. But more evidence is not better. Judges prefer focused, well-organised documents. The tribunal can exclude evidence which is repetitive, excessive or irrelevant.

Pitfalls to avoid and why:

• Submitting too much evidence can distract from the key arguments. 
• An excessive, disorganised bundle of evidence can reflect poorly on your case management and professionalism.
• Screenshots are easy to produce, so a common mistake is including large numbers of irrelevant screenshots. This is wasting the tribunal’s time and will likely irritate the judge.
• Ask yourself: how does this support my claim or challenge the other side’s claim? For example, you may have evidence that demonstrates your manager is hard to please. If that has no relevance to your legal argument, don’t include it. Your evidence bundle isn’t a way to create a negative impression of your employer.  

If you have many examples to choose from, include a selection of the strongest.Think about which examples can be substantiated with other evidence, such as witness statements or emails.

How to avoid these mistakes and get evidence right

A well presented and relevant evidence bundle is critical to a successful claim. Use our checklist to make sure you’re on the right track:

• start evidence early
• create an accurate, concise timeline
• keep originals
• separate, label and paginate documents appropriately
• check relevance before including
• keep emotions out of evidence documents. 

How Valla helps you do this with confidence

We can help you create an evidence bundle with self assurance. Our practical tools are designed for workers, not lawyers. On our platform you can:

• upload and tag evidence
• build timelines automatically
• access witness statement templates
• create a chronology and index using our structure template
• export a bundle PDF.

Key Takeaways

• Tribunals rely on facts and documents.
• Structure and clarity matter more than volume.
• Keep timelines, originals and labels.
• Never alter evidence.
• Valla makes organising and presenting evidence easier.

Start preparing your tribunal evidence in a clear organised way using Valla. Upload documents, build your timeline and avoid those common pitfalls from day one.

If you are unsure about your situation, getting clarity early can help you avoid unnecessary stress and make informed choices about your next move.