How to give witness evidence in employment tribunal proceedings

Author: Mark Taylor

Summary

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• Recognise that the role of a witness is limited to setting out the factual information, not commenting on the law.
• Be aware of the importance of the witness being prepared for what to expect at the hearing.
• Ensure that the witness is aware of how to address the tribunal.
• Ensure that the witness has a substantial input into the drafting of their witness statement, and that it is in their own words.
• Recognise the importance of having a rigorously prepared witness statement that the witness has checked thoroughly for accuracy.
• Refer to any relevant documents in the witness statement.
• Remember that the witness should concentrate on answering each question honestly in a clear and concise way, and should not appear evasive or dismissive.
• If the witness cannot remember details, make sure that the witness knows that they should not be afraid to state this.
• Take into account the importance of the witness creating a good impression by remaining calm, confident and non-confrontational.
• Do not over-rehearse evidence as this can lead to the witness failing to deal with unexpected questions.