How to Write an Employment Tribunal Witness Statement (and Link It to Your Bundle)

Why Witness Statements Matter So Much

Under the modern Employment Tribunal practice (codified in the Presidential Guidance on General Case Management), witness statements replace examination-in-chief. The witness is taken to have given the contents of the statement as their evidence in the witness box; cross-examination is the only oral evidence that follows.

Two practical consequences:

1. The statement is the only chance to tell your story in your own words. Once written and exchanged, you cannot add to it at the hearing.
2. The Judge reads the statement before the hearing. If it doesn't reference the bundle page numbers, the Judge cannot follow the documents you describe.

The Five Rules of a Useful Statement

Rule 1 — First person, numbered paragraphs

1. My name is Sarah Khan. I live at [address]. I make this statement from my own knowledge, save where stated otherwise.
2. I was employed by Metro Financial Services Limited from 12 January 2022 to 5 April 2024 as a Senior Compliance Analyst.

Every paragraph numbered. Every paragraph stating one fact or one closely related set of facts. Long unbroken paragraphs are very difficult to refer to during cross-examination.

Rule 2 — Cross-reference the bundle on every document

Wrong:

17. On 14 March 2024 my manager sent me an email criticising the project I had been working on.

Right:

17. On 14 March 2024 my manager sent me an email criticising the project I had been working on [B47].

The number in square brackets is the bundle page reference. Without it, the Judge cannot find the document. With it, the statement becomes navigable in seconds.

If the document spans multiple pages, use a range: [B47–B49].

Rule 3 — Chronological, not thematic

The tribunal reads the statement as a story. Begin at the beginning. Move forward in time. Resist the urge to group facts by theme ("first my problems with HR, then my problems with my manager"). Chronology is what allows the Judge to follow the case.

Rule 4 — Factual, not argumentative

Wrong:

22. The dismissal was clearly unfair because the employer had not followed any reasonable procedure.

Right:

22. At no point before the disciplinary hearing on 22 March 2024 was I told the specific allegations against me. The invitation letter dated 18 March 2024 [C12] referred only to "concerns about your conduct".

The Judge decides whether the dismissal was unfair. Your job is to put the facts in front of the Judge. Argument belongs in submissions, not in the witness statement.

Rule 5 — Hearsay is allowed but flagged

Tribunals admit hearsay evidence, but the Judge gives it less weight than direct evidence. If you didn't see or hear something yourself, say so:

31. I was told by my colleague Mark Davies that, after I had left, the line manager said in a team meeting that "we needed to get rid of her anyway". Mark has provided a separate witness statement [pages 217–219] confirming this.

The Standard Structure

Section 1 — Introduction (paragraphs 1–4)

• Who you are
• Where you live (street name and postcode is enough)
• That the statement is from your own knowledge except where stated
• Your role at the employer and the dates of employment

Section 2 — Background (paragraphs 5–15)

• The job role
• The team / reporting structure
• Your performance history
• The contractual framework

Section 3 — The events giving rise to the claim (the bulk)

• The triggering events, in date order
• Each meeting, each email, each decision — flagged with bundle reference
• Your contemporaneous reaction

Section 4 — The dismissal (for unfair dismissal claims)

• The disciplinary process
• The dismissal decision
• The appeal

Section 5 — Impact (where compensable losses include non-financial heads)

• For discrimination / whistleblowing claims: injury to feelings narrative
• For ill-health cases: impact on health
• For all claims: financial impact

Section 6 — Mitigation (for unfair dismissal claims)

• What you have done to find new work
• The new role, if any
• Continuing losses

Section 7 — 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: [your signature] Dated: [DD Month YYYY]

The statement of truth is mandatory. Without it the statement is not admissible.

How Long Should the Statement Be?

There is no rule. In practice:

• Simple unfair dismissal: 10–15 pages
• Discrimination claim: 20–35 pages
• Whistleblowing claim with detailed chronology: 30–50 pages
• Complex multi-issue claim: 50+ pages

Length is not a virtue. Judges criticise statements that pad with irrelevant material. Every paragraph should earn its place.

Building the Statement: Practical Workflow

Step 1 — Finalise the bundle first

Numbered page references are useless if the bundle is renumbered. Get the bundle index agreed, the pagination final, and then write the statement.

Step 2 — Build a chronology document

Before drafting, build a simple chronology in a spreadsheet:

Step 3 — Draft paragraph by paragraph

Use the chronology as the spine. Each row becomes one or two paragraphs.

Step 4 — Read aloud

Statements written for paper often read awkwardly. Reading aloud catches the convoluted sentences.

Step 5 — Check every bundle reference

Open the bundle. Check every [B47] points to what you say it does. Misreferences destroy credibility in cross-examination.

Step 6 — Sign and date

Print, sign, scan, send. Or sign electronically if both sides agreed.

Exchange

Witness statements are exchanged simultaneously — the standard order is something like "by 4pm on 1 June 2026, the parties shall exchange witness statements". You do not see theirs before sending yours; they do not see yours before sending theirs. This is to prevent one side tailoring its evidence to the other's.

Supplementary Statements

In rare cases, a witness can produce a supplementary statement — for example, to respond to a document disclosed late. You usually need the tribunal's permission. Do not rely on the possibility of a supplementary statement to excuse a thin main statement.

How BundleCreator Helps with Witness Statements

When you build the bundle in BundleCreator, every document keeps its page reference even if you reorder sections. Export a draft index. Use it as the spine of your chronology. When the bundle is final, the page numbers in the index are the page numbers in the statement — no re-numbering, no broken cross-references.

Build your bundle to write your statement against →

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Related Articles

• The Complete Pillar Guide: How to Make an Employment Tribunal Bundle
• How to Create a List of Documents for the Tribunal
• The Preliminary Hearing: What You Need to Prepare
• 5 Fatal Mistakes Litigants in Person Make with Tribunal Bundles

Disclaimer: This guide explains the format and discipline of an employment tribunal witness statement. The content of the statement is case-specific. For drafting help on a complex statement contact ACAS, Citizens Advice, or a qualified employment lawyer.