Giving Evidence in an Employment Tribunal
- Duration
- 23 minutes
- Format
- Video
Written by Julia Gidney · former Employment Tribunal solicitor, 30 years' experience
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▸ Read the video transcript
If you have to give evidence at an Employment Tribunal, you probably have a knot in your stomach right now, and that's completely normal.
It's what my video guidance has been created to untangle.
In it, one of my avatars, Ada, will walk you through what you need to know about giving your evidence, whether in person or online.
You'll learn just what to expect on the day, how to be alert to the other evidence that's being given, and the formalities you need to know.
You'll hear that your witness statement will be taken 'as read' and what this means in practice.
And how quickly you'll move into being cross-examined, and how to handle that.
We'll explore the many ways to ensure you come across as a credible witness and you'll receive top tips passed down from leading Tribunal advocates. Thanks so much for watching.
What This Video Guidance Covers
What actually happens when you give evidence, how to prepare, and how to stay clear and composed when it's your turn to speak.
Content includes:
- 1 What to expect on the day
- 2 What the Tribunal room looks like
- 3 Where everyone sits
- 4 Taking the oath or affirming
- 5 How your witness statement will be used
- 6 What to expect when you are cross-examined
- 7 When to expect re-examination and what that might include
- 8 How to be an effective, credible witness
- 9 What to do & not do
- 10 Giving evidence at an online hearing
- 11 Practicalities that make the day easier
Good to Know
Who is this video for?
Anyone due to give evidence at an Employment Tribunal hearing in England & Wales, whether you're the Claimant or a witness giving evidence in support of someone else's claim, and particularly if you've never been inside a Tribunal room before.
What's included?
A 23-minute video that takes you through the whole experience of giving evidence: what to expect on the day, what the Tribunal room looks like and where everyone sits, the formalities of taking the oath or affirming, how your witness statement is used, what cross-examination and re-examination involve, and detailed practical guidance on how to be an effective, credible witness: the things to do and, just as importantly, the things not to do. It also covers online hearings and the practicalities that make the day easier.
I'm dreading being cross-examined — will this help?
That's exactly what it's for. The video explains what cross-examination is designed to do, what you can and can't be asked about and how to handle it calmly, including what to do if you don't understand a question or need a break.
Is my hearing likely to be in person or online?
It could be either. The video focuses on giving evidence in person but includes guidance for online hearings, and the same rules and advice on being a good witness apply to both.
Does it cover writing my witness statement?
No, that's a separate module, Preparing a Witness Statement, and the two are designed to be watched together. This video is about what happens once your statement has been submitted and you're in the room or online.
Is it up to date?
Employment law, the Acas Code and Tribunal rules change regularly. We monitor these changes closely and update our videos when they happen. If we update this video, the new version appears in your personal video dashboard automatically, at no extra cost.
How long will I have access?
Employment Tribunal cases can take a long time to reach a hearing, so your video stays available to you for 24 months. If you need longer, just email us at info@wdidi.org and we'll extend it for you. We want you to have our guidance for as long as you need it.
Is this legal advice?
No. None of our guidance is legal advice. If you need advice on your own case, please contact a solicitor or other qualified representative. The Law Society's Find a Solicitor service is a good place to start — or your local Citizens Advice if cost is a concern.
Anything else?
More questions? Our full FAQ is here.
