Witness statements for the employment tribunal in England and Wales:What are the issues?

There is limited guidance and empirical research with regard to the best ways to prepare witness statements in the civil justice system. This project explored the pre-existing literature (including law, procedure, guidance and empirical research) on the preparation of witness statements for the purposes of Employment Tribunals (ETs) in England and Wales. We conducted 40 semi-structured interviews with ET judges, panel members, employment law practitioners (solicitors, barristers, advisers) and litigants in person. Here, we explored the perceived quality of witness statements and their preparation. Findings revealed six themes: (i) professional processes, (ii) challenges for litigants in person preparing statements, (iii) resources, (iv) case management, (v) presentation preferences, and (vi) future improvements.