Collecting evidence for your Employment Tribunal claim

If you’re at the stage of starting to pull together your evidence for an Employment Tribunal claim, you might not know exactly what documents you need. In this article, we cover five of the most common questions on collecting evidence to build a compelling case and the best way to present evidence for a Tribunal.

What evidence do I need for my Employment Tribunal claim?

The evidence you should gather for your Employment Tribunal claim depends on your case. However, there are types of evidence which are generally applicable to most claims:

• Your employment agreement
• Your job description, if one has been provided for your role
• Any policies and procedures relevant to the issue, usually found in the staff handbook
• Correspondence with your employer (emails, letters, or other forms) regarding grievances, disciplinary matters, dismissal, or redundancy
• Additional communication records with your employer relating to the issue, this may include emails, letters, texts, instant messages, or social media exchanges
• Your written recollection of any events related to the issue, also known as contemporaneous notes

For more information on other forms of evidence and relevant documents, read our guide to What evidence do I need for my Employment Tribunal.

How much control does my employer have over excluding evidence in my employment tribunal proceedings?

While you or your employer may argue that certain evidence should be admitted or excluded, it’s ultimately up to the Tribunal to determine whether or not a piece of evidence is admissible.

Can I request copies of other employees' information, such as payslips, to support my claim?

In general, you’d want to err on the side of caution with this. Anything that involves personal information may be subject to data protection and privacy laws. However, if this is crucial for your case, you may be able to convince a Tribunal to rule in your favour. These documents will redact private information, like employee names, tax codes, addresses, etc., but you should still be able to get what you need for them.

Alternatively, if you are able to have one of your colleagues agree to act as a witness, this may be a better route.

What should I include in my bundle?

When putting together your bundle, it’s usually better to focus on quality over quantity. While it’s tempting to provide everything to give the Judge a better understanding of your case, it’s not always helpful. Submitting too much may make it difficult for the Judge to identify key points, potentially diluting the strength of your case.

The Judge will often pay the most attention to the documents that are referred to in a witness statement, so it’s important to include in your bundle any documents which can support the information you provide in your witness statement.

Make sure that any document you submit is clear, relevant and strengthens your case. While you can add extra supporting documents, they should significantly contribute to your overall story.

How to refer to documents in your witness statement?

When referring to documents in your witness statement, it is important to be clear and precise. The goal is to make it as straightforward as possible for anyone reading your witness statement to understand and locate the referenced document. Ensure that you have consistent formatting and clear references.

For example:

"As detailed in Document 1, the employment contract signed on [date], Section 2 outlines the specific job responsibilities. Additionally, Document 2, an email dated [date], further confirms the agreed-upon terms regarding working hours."

Learn more about gathering evidence for your claim:

How you can gather evidence for your discrimination claim

Collecting evidence for Tribunal: what can I use, and what should I watch out for?