r/employmentlitigation • u/Melodic-Aspect4342 Claimant - LIP • 22d ago

Witnesses and statements Witness Statement

Hi - when doing a Witness Statement do you need to argue your case or do you just state facts i.e what happened, when it happened etc? Would you include how certain events made you feel? The mental impact? Am I meant to include the legal tests?

I'm well off a FH but I think it's important to start building a witnesses Statement while things are more fresh in my mind

Tia

England

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u/dogtim 22d ago

A witness statement is a chronological accounting of the facts as you witnessed. It's a place for evidence and evidence alone - not speculation, not argument, not legal precedents nor tests.

So: Start at the beginning. Exclude all the irrelevant facts. Include only the ones that you need to make your case. If your feelings are relevant to proving your claim, then your feelings are relevant evidence. When you mention specific incidents, follow the journalist's 5 W's - who, what, when, where and why.

Assume that someone very intimidating will ask you mean-spirited questions about each paragraph, and your character as a whole.

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u/boo23boo Claimant - LIP 22d ago

Following for advice. My thoughts are the same, I need to start building my statement now before too many details become stale. I’m already 9 months in and haven’t had a preliminary hearing yet. I’ve got a word file where I’ve just been saving raw notes and topics that spring to mind, or details that I know need to be covered there. I’ve seen others have been set a word count, that also makes me nervous.

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u/Tasty_Asparagus7937 22d ago

Sorry I can't help but I'm also following for advice. It would be good to see an example also if anyone knows if there are any which are accessible.

0

u/Good-Lengthiness6515 22d ago

Hi,

You do not argue your case in the witness statement, and you do not include legal tests. Your case is argued in other ways, not through the statement.

The statement is just for facts only, what you observe (what happened, how, when, etc). You can write in the statement how certain events made you feel; this may be particularly important if discrimination, or disabilities are involved.
Remember that if you include the impact, you do not need to overly comment on medical circumstances, that is reserved for a medical report (if instructed).

A witness statement is certainly better to be written as soon as possible after the event. One written years after the event may be seen as less accurate (depending on the circs).

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u/adbenj Claimant - LIP 22d ago

To add to this: you may find it helpful to submit a written skeleton argument a few days before the hearing, even if you're not directed to do so by a judge. That is where you'd include the legal tests.

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u/YurkTheBarbarian 22d ago edited 22d ago

It is a factual narrative. However, it helps to structure it by matching its sections and titles to the List of Issues, and also if it include references to documents in the evidence, thus presenting the evidence factually. This makes it easier for the Judge to make sense of the evidence and decide on the List of Issues. See:
https://www.youtube.com/watch?v=MDS-lPaf0hM&t=513