Home | News & events | Legal updates | Witnessesentials - Top tips for witnesses at employment tribunals

Witnessesentials - Top tips for witnesses at employment tribunals

28 May 2008

No employer likes to think that they could end up being taken to an employment tribunal by an employee. However, there are occasions when an employer is unlucky and has to deal with an employee who is determined to have their “day in Court.”

In this scenario an employer will want to call its own witnesses to help put its side of the story and defend the claim. For example, in an unfair dismissal case, the manager who carried out the dismissal will be an important witness. Witnesses need to be prepared for what to expect and understand how to deal with being a witness. We set out below some tips on how to cope:

How to be a good witness

• Dress sensibly and conservatively.
• Be prepared. Make sure you are familiar with your witness statement, any of your colleagues’ witness statements and other relevant documents in the hearing bundle.
• We recommend you practice reading your statement out loud and turning to the documents in the hearing bundle that are referred to in your statement.
• Make sure your witness statement is in your own words and that you feel comfortable with its contents.
• Speak slowly and clearly.
• Be attentive and respectful to the panel and legal representatives.
• Answer questions with ‘yes’ or ‘no’ if appropriate. Answer all questions directly and do not volunteer more information than is asked. Only elaborate if it is necessary to explain the situation.
• If you don’t know the answer, say so, there is no problem if you genuinely can’t remember or don’t know. Do not be forced to answer a question you do not know the answer to.
• Always tell the truth and stick to the facts. You will not look credible if you make things up.
• Think before you speak! Take your time, do not answer questions without giving proper consideration. Do not feel that you need to rush to fill silences.
• Make sure you answer questions as precisely and accurately as you can.
• If you don’t understand the question, ask for it to be explained. Don’t be afraid to ask for a question to be repeated.
• Always allow the legal representative to finish speaking before you answer.
• Do not try to memorise your story. Your answers should not sound too rehearsed, because if the questions are asked out of order, you could become confused.
• Never lose your temper, remain calm. The opposing party’s representative may try to make you agitated but do not take the bait!
• Be fair, even though you may be testifying for the employer, you should try and keep your answers as objective as possible.

Things a witness should know…

• A tribunal is a public hearing and therefore there may be people from the press or members of the public present during the hearing. Quite often you may find law students or union representatives attending as part of their training.
• Before giving evidence the witness will stand while they either take the oath or affirm. An oath can be taken on a holy book which the tribunal will have. The alternative is an affirmation which is a solemn civil promise which is not linked to a religious belief.
• The tribunal consists of a panel of three members. An Employment Judge (who is legally qualified) and two lay members. The Judge should be addressed as “Sir” or “Madam”.
• The witness evidence will be given, this can either be by the witness reading their statements out loud, or the tribunal may take the statements “as read” in which case it will not be necessary for the witness to read out loud.
• If there is a break in the hearing whilst a witness is giving evidence, for example over lunch or overnight, they will be unable to discuss the matter with anyone because they will continue to be under oath.
• The order of events at the hearing will then be:
  - The employer’s legal representative may ask additional questions to expand on or clarify the evidence given by the witness.
  - The opposing party’s representative will then have the opportunity to question the witness closely about issues referred to in the witness statement and associated issues. This is referred to as “cross-examination”.
  - The members of the panel may have some questions for the witness. At the end of these questions the witness will be able to stand down.

---

Are any of the issues in this article giving you a headache? If so, we want to know

Name *
Email *
Telephone
Comments*
I agree to Shoosmiths holding information about me in accordance with its privacy policy.* To subscribe to our news updates click here.

 

Email this page

Search the site

Enter the keywords below to search:

Search

Related links

• Employment disputes

Get in touch

Katy Meves

Professional Support Lawyer
T: 08700 86 6971
I: +44 (0)1489 61 6971
E: katy.meves@shoosmiths.co.uk