The rule about putting documents into chronological order also applies to witness statements. Begin the story at the beginning and go on to the end.…
The timing of events is important circumstantial evidence in the employment tribunal. One of the reasons that preparing a chronology is so useful is that…
During a hearing, evidence is presented in a fairly structured way. Each witness gives evidence and is cross-examined. Witnesses tell the story in chronological order…
The short answer is ‘All relevant evidence that a witness can give.’ For the long answer, keep reading. ‘All’ A witness statement should be complete.…
Claimants often feel disadvantaged by the fact that they are the only person giving evidence on their own side, while the employer turns up mob-handed.…
Employment cases sometimes come down to one person saying one thing and another saying something quite different. This sometimes seems to cause people excessive concern.…
It’s really very easy: all you have to do is tell lies when you’re giving your evidence. Treat cross-examination as a contest with your employer’s…
A lot of litigants present character references to the tribunal. These tend to be short statements or letters written by people who know the litigant saying, in effect: ‘Mr Smith is a good and honest man, who certainly would / wouldn’t have….’
A common variation is statements about the other side saying, more or less: ‘Ms Jones is a nasty and dishonest person, who certainly would / wouldn’t have….’
This makes a certain amount of sense. An important part of the tribunal’s role is to decide who to believe. So the character of the parties, good or bad, is important.
But these statements are rarely, if ever, of any use.
It’s a common mistake to think that what witnesses say doesn’t count as evidence: as in “It’s my word against his, but there’s no evidence.” If he says you did and you say you didn’t, that’s evidence on both sides. It’s the tribunal’s job to listen to his evidence, and yours, and decide who to believe.
Witness statement should not be put in the bundle of documents.
There is a theoretical justification for this, but the main reason is convenience.