Employment tribunals (20): witnesses and documents

by Practical Law Employment

This Practice note considers the role of witnesses and documents in employment tribunals, providing practical guidance on the procedures set out in the Employment Tribunal Procedure Rules 2024 (SI 2024/1155) (ET Rules 2024). The note explains the rules for preparing witness statements, applying for witness orders, and managing disclosure obligations, highlighting key procedural differences for claims in England and Wales, and Scotland. It offers valuable direction on preparing crucial documents to assist the tribunal, such as effective hearing bundles, lists of issues, and Scott schedules. The Practice note also addresses complex evidential issues, including the admissibility of covert recordings, the application of legal professional privilege, and the specific considerations for witnesses giving evidence from abroad. The guidance helps parties strategically manage evidence from initial disclosure through to final hearing submissions, ensuring compliance with current tribunal rules.