Self Help Kit - Witness Statement Preparation

Preparing a witness statement for the Tribunal

What is a witness statement and why does the Tribunal need it?
Who should make a statement?
Content of witness statements
Formatting witness statements
Remedies
Filing and serving the witness statement

What is a witness statement and why does the Tribunal need it?

The Tribunal needs to know what your case is about. Where all parties are legally represented, they tell the Tribunal about their case in 'Points of Claim' and 'Points of Defence'. These are legal documents, also known as 'Pleadings'.

However, where a party is not legally represented, the Tribunal will usually order the parties to set out their case by Witness Statements. Witness Statements need to tell the Tribunal:

(a) what happened; and
(b) how you think the Anti-Discrimination Act 1991 applies (or why it does not apply)
(c) what you want the Tribunal to do. (See Orders the Tribunal can make after the Final Hearing.)

At a Tribunal hearing, neither side should have new information sprung on them, without the opportunity to consider it. This is why statements are prepared and exchanged between the parties prior to the final hearing.

Who should make a statement?

You need to provide statements from every person who will give evidence for you if this complaint goes to a Final Hearing before the Tribunal.

Remember,you should give a statement yourself
You should also get statements from anyone else who can tell the Tribunal what happened
You must also provide statements from doctors or other specialists or experts, if you are going to rely on medical or other expert witnesses at the hearing.

Content of witness statements

Put in as much relevant detail as you can
List events in the order in which they happened
If letters or other documents are referred to in the statement, attach a copy of these to the statement. Mark the attachment with a letter (eg A, B, C) and refer to that in your statement.
eg. 'The respondent sent me a letter on 3 July 2005 terminating my employment. This letter is attached and marked "A".'
Remember, even though there may be many things involved in this dispute, the Tribunal can only deal with allegations of breaches of the Anti-Discrimination Act 1991.

Formatting witness statements

Put the Tribunal’s file number on the top right-hand corner of the front page of each statement. This reference number starts with 'HEA' and appears on the top of all your correspondence from the Tribunal
Use numbered paragraphs
Use headings such as: Background;, Alleged discrimination etc
If the statement responds to several statements provided by the other party, use headings to show which of the other party’s statements you are referring to.

Remedies

After you have set out what happened, put down what you want to resolve the matter. Section 209 of the Act sets out what orders the Tribunal can make.

Filing and serving the witness statement

After the statement has been finalised and signed, it needs to be filed and served in the Tribunal.

The original SIGNED witness statement must be filed in the Tribunal Registry. The Tribunal Registry will not accept unsigned statements for filing. (See How to file and serve documents for more information about how to do this.)

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