This guide applies to Employment Law in England, Scotland and Wales.
You will be issued guidance from the courts with when you are to submit your witness statement. It is your version of events and critical to adhere to the courts deadlines.
Valla can help you with reviewing your statement if you ever need any help.
Let’s start at the beginning: a witness statement is the witness’s written evidence. At the final hearing, it will usually stand as the witness’s main evidence, sometimes called “evidence-in-chief”. The Tribunal will normally read the statement before or during the hearing. The witness may then be:
● asked limited supplementary questions by the party calling them;
● questioned by the other party, known as cross-examination; and
● asked questions by the Employment Judge or Tribunal members.
Before drafting the statement, check:
● the deadline for exchanging witness statements;
● whether the Tribunal has imposed a page or word limit;
● whether statements must follow a particular format;
● whether statements must deal with liability, remedy or both;
● whether the hearing bundle has already been prepared;
● whether statements must refer to the bundle’s page numbers; and
The statement should:
● use consecutively numbered paragraphs;
● use numbered pages;
● use clear headings;
● use a readable font, usually at least 11 or 12 point;
● have reasonable line spacing and margins;
● identify the witness and case number in the header or footer where practicable; and
● comply with any page limit imposed by the Tribunal.
The statement should generally be written in the witness’s own words and in the first
person, using expressions such as “I said xx”
A chronological account is usually easiest to understand. State the date of each important event. If the exact date is unknown, it is fine to say that you are unsure.
The statement should identify important documents but should not reproduce them at length.
Once the final hearing bundle is available, use its page numbers such as
''On 14 April 2026, I was suspended. The suspension letter is at pages [80-89 of
the bundle.]''
Witness statement guidance
Do not attach separate exhibits unless the Tribunal has directed that exhibits are required.
Employment Tribunal witness statements commonly refer directly to the agreed hearing
bundle.
Every document mentioned in the statement should be checked against the bundle. If a
relevant document is missing, raise this promptly during the disclosure and bundle
preparation process.
A document should not be quoted in full where the Tribunal can read it. Explain why the
document matters and identify the relevant page.
The statement should be no longer than reasonably necessary to address the issues.
It should not:
● repeat the ET1 or ET3 word for word;
● reproduce lengthy correspondence;
● include every event during the employment relationship;
● repeat the same allegation under several headings;
● include extensive legal quotations;
● refer to settlement negotiations/ACAS discussions that are privileged or otherwise
inadmissible.
Good to know
The statement should end with a statement of truth in the form required by the Tribunal or its applicable guidance. A commonly used form is:
Statement of truth
I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
Signed: __________________________
Name: [Witness’s Full Name]
Dated: [Date]
The witness must read and approve the final statement before signing it. A person must never sign a statement containing facts they do not honestly believe to be true.
If the statement is amended after signature, the witness should approve and sign the final version.
IN THE EMPLOYMENT TRIBUNAL
Case number: [Case Number]
BETWEEN
[Claimant’s Name]
Claimant
-and-
[Respondent’s Name]
Respondent
WITNESS STATEMENT OF [FULL NAME]
Introduction
1. My name is [Full Name]. I am the [claimant]in these proceedings.
2. I was employed by [Employer] as [Job Title] from [Date] until [Date]. At the relevant
time, I reported to [Name and Role].
3. Unless otherwise stated, the facts in this statement are within my own knowledge.
Where I refer to information provided by another person, I identify the source.
4. References in the form “[123]” are references to pages in the final hearing bundle.
Background
5. [Give brief relevant background.]
6. [Explain the witness’s role and responsibilities.]
[First relevant event or period]
7. On [Date], [describe what happened].
8. [Name and Role] attended the meeting. [Describe what was said or done.]
9. The email confirming the meeting appears at page [number] of the bundle.
[Second relevant event or period]
10. On [Date], [describe what happened].
11. [Explain any material disputed fact.][Grievance, investigation, disciplinary process or other relevant procedure]
12. [Describe the relevant steps in date order.]
13. [Identify documents and bundle pages.]
Response to allegation
14. I understand that [respondent] alleges [brief description]. I [accept/deny/do not
recall] that allegation.
15. [Give the factual explanation.]
Effect and remedy, if relevant
16. [Describe financial loss, job-search efforts or injury to feelings.]
17. [Refer to the schedule of loss and supporting documents.]
Statement of truth
I believe that the facts stated in this witness statement are true. I understand that
proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
Signed: __________________________
Name: [Full Name]
Dated: [Date]
Valla knows it can seem quite overwhelming, but Valla can help. We have a team of legal experts who are very used to reviewing witness statements for all types of cases and claims.
If you want help, we have legal experts who can host on-on-one sessions with you, or we have a document review service where an expert can review the witness statement, or any other tribunal documents that you write.
When your document is ready, you should send this to the Respondent / their
solicitor usually by email and often referred to as ‘exchange’ of statements
(and in accordance with any directions from the Tribunal). Sign up for your free account.