Need help with Witness Statement for ET Hearing

Savannahh

My ET hearing for unfair dismissal is scheduled for one day next month.

I have done my witness statement but is it too long at 8200 words?

On the witnwess statement can I include discrepancies that I have with the Respondents ET3 - a lot of what they say happened is untrue & they have fabrictated some documents?

Once I have seen the Respondent's evidence can I state what I believe to be fabricated?

Thanks

DVardysShadow

Savannahh wrote: »

My ET hearing for unfair dismissal is scheduled for one day next month.

I have done my witness statement but is it too long at 8200 words?

On the witnwess statement can I include discrepancies that I have with the Respondents ET3 - a lot of what they say happened is untrue & they have fabrictated some documents?

Once I have seen the Respondent's evidence can I state what I believe to be fabricated?

Thanks

Bear in mind I really know nothing about this. But as I see it, the witness statement should focus entirely on the facts of what happened prior to there being a case.

So if the fabrication is relevant to bringing the case, then it goes in the witness statement. If the fabrication arises after you have brought the case, then you deal with it separately from the facts of the case.

Edit: Why was this post deleted for an hour or 2 this afternoon, leaving the OP's post intact. Do we have a moderator from hell at work?

SarEl

I can't answer the "moderator from hell" question - but otherwise this is correct. Your witness statement is confined to the actual things that happened that brought the case to tribunal. Anything else, such as alleged fabrication in the ET3 or documents produced for the tribunal is for arguing in the conduct of the hearing. So if person XX says "joe did this" and it isn't true, then that is part of cross-examination (when you question the employers witnesses). Does that make sense?

Savannahh

Thanks for the replies

The Respondent has produced as evidence a letter they say they gave me advising that my job is at risk & inviting me to a meeting. I was never given this letter.

They say they had a consultation meeting with me. They didn't.

They say at the meeting where I was told that I was going to be made redundant they asked me if I wanted to be accompanied & that I had the right of appeal. They did not.

So would I not be able to include such like on the witness statement as part of my claim for unfair dismissal relates to the Respodent following an incorrect redundancy procedure?

Thanks

SarEl

Savannahh wrote: »

Thanks for the replies

The Respondent has produced as evidence a letter they say they gave me advising that my job is at risk & inviting me to a meeting. I was never given this letter.

They say they had a consultation meeting with me. They didn't.

They say at the meeting where I was told that I was going to be made redundant they asked me if I wanted to be accompanied & that I had the right of appeal. They did not.

So would I not be able to include such like on the witness statement as part of my claim for unfair dismissal relates to the Respodent following an incorrect redundancy procedure?

Thanks

Yes, you can include these things in your statement since they are part of your claim. You are presumably claiming unfair dismissal? So your statement consists of something along the lines of "I was given immdeiate notice that my contract was being terminated. I received no written communication about why my job was terminated, I had no meetings about..." etc. In other words, you comment on what was happening at the time. If redundancy wasn't mentioned at the time, then it isn't relevant to your witness statement - although as someone representing yourself, you may be best throwing it all in and making sure as the tribunal won't be as tough on you as on a lawyer.

But the respondant will also have to make a statement and provide evidence, so this is where the issues really arise - when they read out their statement saying these things you will have to cross-examine them to show that they are lying.

As I said, I wouldn't worry too much as the tribunal will give you quite a lot of lattitude anyway, so just make sure that you mention at some time everything you want them to know.