Employment Tribunal Evidence: What You Need and How to Present It

Strong evidence is crucial to winning at employment tribunal. Understanding what evidence you need, how to gather it, and how to present it effectively can make the difference between success and failure.

Types of Evidence

Documentary Evidence

Employment documents:

• Contract of employment
• Offer letter
• Job description
• Employee handbook
• Company policies
• Procedures (disciplinary, grievance)

Correspondence:

• Letters
• Emails
• Text messages
• WhatsApp/instant messages
• Meeting invitations
• Memos

Records:

• Performance reviews
• Appraisals
• Disciplinary records
• Grievance records
• Attendance records
• Sickness records

Financial documents:

• Payslips
• P45/P60
• Bank statements
• Bonus statements
• Pension documents

Witness Evidence

Witness statements:

• Your own statement
• Colleague statements
• Manager statements
• Customer/client statements
• Expert evidence (rarely)

Oral evidence:

• What witnesses say at hearing
• Cross-examination answers
• Tribunal questions

Electronic Evidence

Digital communications:

• Emails and email chains
• Text messages (SMS)
• WhatsApp messages
• Slack/Teams messages
• Social media posts (if relevant)

Digital records:

• Screenshots
• Metadata
• System logs
• CCTV footage (if available)
• Call recordings (if legal)

What Makes Good Evidence

Relevant

Evidence must:

• Relate to issues in the case
• Prove or disprove facts in dispute
• Connect to your legal claims
• Be more probative than prejudicial

Admissible

Generally admissible:

• Documents from the parties
• Witness testimony
• Business records
• Communications between parties

Less weight given to:

• Hearsay (someone told me)
• Opinion (unless expert)
• Character evidence (limited relevance)

Contemporaneous

Best evidence is:

• Created at the time
• Not after dispute arose
• Not created for tribunal
• Reflects real-time thinking

Examples:

• Email sent when event happened
• Meeting notes from the meeting
• Diary entries at the time
• Text messages as they occurred

Credible

Strong evidence is:

• Consistent with other evidence
• Not contradicted by documents
• Comes from reliable source
• Withstands scrutiny

Gathering Your Evidence

Start Immediately

As soon as issue arises:

• Collect all relevant documents
• Make copies before leaving
• Save emails and messages
• Note down what happened
• Identify witnesses

Employment Documents

Obtain copies of:

• Your contract
• Any contract changes
• Handbook received
• Policies you were given
• Job description
• Offer letter

How to get them:

• From your own files
• Request from HR
• Subject access request (if refused)
• Former employer still must provide

Correspondence

Collect all:

• Letters from employer
• Your letters to employer
• Email chains
• Text message threads
• Any written communication

For emails:

• Print or save as PDF
• Include full headers (to, from, date)
• Include full chain if relevant
• Don't edit or select parts

Meeting Notes

Gather:

• Disciplinary meeting notes
• Grievance meeting notes
• Performance review notes
• Investigation meeting notes
• Return to work notes

If you don't have copies:

• Request from employer
• Should be in personnel file
• Subject access request if needed

Your Own Records

Create if you didn't already:

• Timeline of events
• Diary of what happened
• Names of witnesses
• Details while memory fresh

But remember:

• Contemporaneous is better
• Tribunal knows difference
• Be honest about when created
• Explain why created later

Disclosure Obligations

What Is Disclosure?

Both parties must:

• Identify all relevant documents
• Provide list to other side
• Allow inspection of documents
• Do this by tribunal deadline

Standard Disclosure

Must disclose documents:

• In your control
• That are relevant to issues
• Whether they help or harm your case
• Electronic and paper

What's Relevant?

Relevant documents:

• Support your case
• Support their case
• Undermine your case
• Undermine their case
• Are referred to by witnesses
• Relate to issues in dispute

Err on side of inclusion - let tribunal decide relevance.

Electronic Disclosure

Includes:

• Emails
• Text messages
• Instant messages
• Documents on computer
• Photos on phone
• Social media (if relevant)

Privileged Documents

Can withhold:

• Legal advice (from your lawyer)
• Without prejudice settlement discussions
• Documents prepared for tribunal (some)

But:

• Very limited exceptions
• Can't hide unhelpful documents
• Must specifically claim privilege

The Disclosure List

Must provide list showing:

• Documents you have
• Documents you had but no longer have
• Documents you object to disclosing

Format:

• Chronological order
• Brief description
• Date of document

Consequences of Non-Disclosure

Failing to disclose:

• Weakens your case
• Document may be excluded
• Damages your credibility
• Can lead to costs order
• May lose case because of it

Witness Statements

Purpose

Written statement containing:

• Evidence you'll give
• Facts you personally know
• What you saw, heard, did
• Reference to documents

Your Statement Structure

Heading:

• Your full name
• Address
• Role/job title

Introduction:

• Who you are
• Your employment details
• How long employed
• Your role and responsibilities

Main body:

• Chronological account
• Relevant facts
• Specific dates and times
• What was said and done
• Who was involved
• Documents at page [X]

Conclusion:

• Current situation
• Impact on you
• Financial losses (if relevant)

Declaration:

• "I believe that the facts stated in this witness statement are true"
• Signature
• Date

Writing Your Statement

Do:

• Write in first person ("I saw...")
• State facts you know personally
• Be specific and detailed
• Give dates and times
• Name who was present
• Quote what was said
• Reference documents
• Explain your actions
• Be honest and accurate

Don't:

• Include hearsay ("John told me...")
• Give opinions (unless relevant)
• Argue the law
• Make speeches
• Include irrelevant details
• Exaggerate
• Guess at facts
• Attack people personally

Document References

When mentioning documents:

• Give page number in bundle
• Quote relevant parts
• Explain context
• "As shown in the email at page 45..."
• "I received the letter at page 23 on..."

Dealing with Gaps

If you don't remember:

• Say so honestly
• Don't guess
• Explain why unclear
• Reference documents if they help

Length

• As long as necessary
• Usually 10-30 pages
• Quality over quantity
• Concise but complete
• Cover all relevant facts

Getting Other Witness Statements

If colleagues will help:

• Ask them to provide statement
• Same format as yours
• Their personal knowledge only
• Facts they witnessed
• Signed and dated

If witnesses reluctant:

• Can apply for witness order
• Tribunal orders attendance
• Last resort
• Unwilling witness may harm case

Organizing Your Evidence

Create Timeline

Chronological document:

• Key dates
• What happened
• Who involved
• Relevant documents
• Helps you prepare
• Helps tribunal follow

Number Documents

Consistent numbering:

• Each document has unique number
• Or bundle page number
• Reference in statement
• Easy to locate at hearing

Categorize Documents

Possible categories:

• Employment documents
• Correspondence
• Disciplinary/grievance
• Financial documents
• Witness statements

Or chronological:

• Often simplest
• Easy to follow
• Tribunal preference

The Hearing Bundle

Joint bundle contains:

• All parties' documents
• Chronological order
• Continuously paginated
• Index at front
• Multiple copies

Your role:

• Agree contents with employer
• Ensure your documents included
• Check page numbers
• Usually employer prepares
• But check thoroughly

Presenting Evidence at Hearing

Your Witness Statement

Becomes your evidence:

• Statement stands as evidence in chief
• You confirm it's true
• Then cross-examination
• Don't repeat it all verbally

Process:

1. Take oath or affirm
2. Confirm statement is true
3. Other side cross-examines
4. You clarify if needed
5. Judge asks questions

Referring to Documents

During evidence:

• Have bundle ready
• Know page numbers
• Direct tribunal to relevant page
• "If you turn to page 45..."
• Read out if relevant

When Cross-Examined

About documents:

• Take time to read if asked
• Don't guess contents
• Admit if you can't remember
• Accept what it says if clear
• Explain if context needed

Using Documents in Cross-Examination

Questioning employer's witnesses:

• Reference contradictory documents
• "But the email at page 45 says..."
• "This document shows..."
• Highlight inconsistencies
• Let document speak

Special Types of Evidence

Text Messages

How to present:

• Screenshot showing date, time, sender
• Full conversation thread
• Don't cherry-pick messages
• Include context
• Print clearly

Admissibility:

• Generally admissible
• Must be authentic
• Must be relevant
• Other party can challenge

Emails

Best practice:

• Print full email with headers
• Show to, from, date, time
• Include full chain if relevant
• Don't edit or redact (unless personal data)

Metadata:

• Shows when created
• Shows when sent
• Can prove timing
• Usually visible in printout

Social Media

Can be used if:

• Relevant to case
• Publicly posted
• Not private messages (generally)
• Evidence of state of mind

How to present:

• Screenshot with date visible
• Show URL
• Print don't just rely on screen
• Explain relevance

Audio/Video

Recordings:

• Must be made legally
• Declare to tribunal early
• Provide transcripts
• Let other side listen
• May need consent (check law)

CCTV:

• Request from employer if relevant
• Subject access request if refused
• Can support or undermine claims

Medical Evidence

When relevant:

• Disability discrimination
• Injury to feelings
• Stress-related illness
• Fitness for work

Evidence needed:

• GP letter or report
• Occupational health reports
• Medical records (with consent)
• Expert report (if ordered)

Expert Evidence

Rarely needed but could include:

• Medical expert
• Accountancy (for complex loss)
• Industry expert

Requires tribunal permission:

• Must apply
• Explain why needed
• Consider cost
• Usually only if agreed or ordered

Dealing with Missing Evidence

Documents You Don't Have

If employer has them:

• Request informally first
• Specific disclosure application
• Tribunal can order production
• Tribunal can draw inferences if withheld

When Documents Destroyed

If genuinely lost:

• Explain when and how lost
• Provide alternative evidence
• Tribunal decides effect

If employer destroyed:

• Can argue adverse inference
• Suggests documents unhelpful to them
• Tribunal may assume contents

When Evidence Doesn't Exist

No contemporaneous notes:

• Explain why not
• Your testimony still evidence
• But less weight than documents
• Be honest about limitations

Credibility and Weight

What Makes Evidence Credible?

Strong evidence:

• Contemporaneous
• Consistent with other evidence
• Not contradicted
• From reliable source
• Detailed and specific

Weak evidence:

• Created after dispute
• Inconsistent
• Contradicted by documents
• Vague or general
• Self-serving

Building Credibility

Your evidence gains weight if:

• Consistent throughout
• Admitted weaknesses
• Not exaggerated
• Supported by documents
• Corroborated by witnesses

Your evidence loses weight if:

• Inconsistent versions
• Contradicted by documents
• Exaggerated claims
• Selective memory
• Obvious bias

Common Evidence Mistakes

Don't

• Hide unfavorable documents
• Selectively disclose
• Edit documents
• Create backdated evidence
• Exaggerate or lie
• Destroy evidence
• Cherry-pick communications
• Ignore disclosure obligations
• Wait until last minute

Do

• Disclose everything relevant
• Be comprehensive
• Keep original documents
• Organize thoroughly
• Be honest about weaknesses
• Preserve all evidence
• Follow tribunal orders
• Meet deadlines

Checklist

Evidence Gathering

• Employment contract and variations
• Company handbook and policies
• Job description and offer letter
• All correspondence (letters, emails)
• Text messages and instant messages
• Meeting notes and records
• Disciplinary/grievance documents
• Performance reviews
• Payslips and financial documents
• Photos or screenshots (if relevant)
• Any other relevant documents

Witness Statement

• Written in first person
• Chronological order
• Specific dates and details
• References to document page numbers
• Covers all relevant facts
• Addresses employer's case
• Honest about weaknesses
• Statement of truth included
• Signed and dated

Disclosure

• List all relevant documents
• Include helpful and unhelpful
• Electronic and paper
• Provide copies to other side
• By tribunal deadline
• Claim privilege only if applicable
• Explain missing documents

Organization

• Documents in chronological order
• Clearly numbered/paginated
• Index created
• Multiple copies made
• Original documents preserved
• Bundle agreed with other side

At Hearing

• Bring hearing bundle
• Bring original documents
• Know document locations
• References ready in statement
• Prepared to discuss each document
• Understand significance of key documents

Key Principles

More Is Better (Usually)

• Disclose everything relevant
• Over-disclose rather than under
• Let tribunal decide relevance
• Hiding documents always backfires

Contemporaneous Beats Retrospective

• Documents from the time are best
• Tribunal knows difference
• Be honest about when created
• Later documents still useful but less weight

Consistency Matters

• Evidence should fit together
• Explain inconsistencies honestly
• Don't change story
• Admit if you got something wrong

Documents Trump Memory

• If document says X, hard to claim Y
• Tribunal believes documents
• Your memory must fit documents
• Or explain convincingly why different

Honesty Is Crucial

• Dishonesty destroys your case
• Tribunal spots exaggeration
• Admit weaknesses
• Tell the truth
• Let evidence speak for itself

Strong evidence, properly organized and honestly presented, is the foundation of a successful tribunal claim. Start gathering evidence early, disclose comprehensively, and let the facts speak for themselves.