Witness statements

It is usually important – and always desirable – for the tribunal to have a clear idea what it was that the claimant was employed to do. This can be surprisingly difficult: people tend to assume that their job title is sufficient information. If the job title is ‘French teacher’ or ‘train driver,’ they are probably right. If it is ‘External Account Manager’ or ‘Director of Operations,’ it will need some explanation. Some witnesses, asked what their job involved, will make noises like ‘I was responsible for all operational aspects of the company’s third and fourth tier ventures,’ and find it hard to grasp that this is not intelligible. It is important, when drafting a witness statement, to persist until you know what the claimant was employed to do and why it mattered, and then write that down in the witness statement in a way that will make the tribunal understand it too. Ultimately it may be necessary to ask questions like: ‘Tell me about your typical working day. You arrive at the office, make a cup of tea, sit down at your desk, check your email – what do you do next?’ or even (in desperation) ‘What would happen if your job didn’t get done? Why would it matter?’

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