It is important that your testimony is accurate, as the court does not allow you to add anything or change your evidence once the testimony has been exchanged, unless there is a very good reason. When writing your return, you should keep in mind that it is this filing that essentially gathers all your evidence. A testimony must always be concluded by the corresponding truthful statement, with the person testifying confirming that the facts of the testimony are true. The person making the declaration must then sign and date the document. If you try to do this, the judge may prevent you from making such statements and ask you for an explanation of why you did not include them in the preparation of your initial testimony. Tags: Case Management Orders Employment Claim Employment Law Assistance Employment Law Witness Statement Employment Tribunal Employment Tribunal Case Management Orders Evidence LincsLaw Solicitor Sally Hubbard Testimonial Your testimony tells your story in the Labour Court! So what does a good testimonial look like? We asked Claire Rosney, Senior Labour Law Lawyer at Vista. When reading your statement, the court can quickly and efficiently refer to the various documents you cite in the package. Your testimony is the document that connects all the evidence in your documentary record – the record is called a «package». The court will have read your statement, but not all the documents in the package. You must return them to the relevant documents and mention them in your return. The court usually orders the date on which witness statements must be exchanged – this is usually 1 or 2 weeks before the trial. It`s a good idea to agree on a date and time with the employer so they don`t see your statement before writing their own. They usually exchange explanations via email.

Your testimony should then clearly state your side of the story. It should contain everything relevant to your case. Specify the events in the order of the date, as this will be easier for the court to understand. You want the court to understand what happened and why you are applying. Testimonies must be an honest account of what really happened. Therefore, you can`t say anything that isn`t true (well, you could, but that would be perjury). It is not helpful, convenient to forget to mention something that may not be entirely useful to your case when it needs to be addressed. Any relevant or important information that you omit from your testimony and then try to give to the court when your case is heard is not admissible. If you need help with your complaint to the Labour Court and would like advice, please do not hesitate to contact us on 01522 440512 for a free initial telephone consultation. If you would like more information on how we can help you with your claim before the Labour Court, please visit our website at lincslaw.co.uk/services/employees/employment-tribunal-claims/ If it is a long, detailed case with many facts, the courts will be happy to receive a timeline at the hearing, listing the most important events with dates. The claimant`s statement must be in accordance with the court`s claim form and the documents prepared at that time. If this is not possible, an explanation is necessary, as it undermines the credibility of the witness to make contradictory statements.

When drafting the statement, the representative must ensure that the witness agrees with the content. The witness must understand that the testimony is his proof; They must verify that their testimony is accurate and that the testimony of each witness must be presented in a statement. It should, if possible, be written in chronological order (date). The following example shows the beginning of Donald Drake`s testimony. After 14 years, he complained of unfair dismissal by his employer. His testimony is essentially a story for the court. This is your first-hand account of what happened to bring you to court. If there are documents of this nature, your testimony is an opportunity to provide an explanation or context. In our experience, it is always better to deal with these things in your statement and to make it in advance, because you will inevitably be questioned about it before the Court. You do not have to read the testimony aloud in court. The courts read all witness statements before or at the beginning of the trial.

Your statement should indicate what happened, in the order in which it happened. It should be as clear as possible. You must use the full names of all the people you mention, but use the same language you would normally use. It may be necessary to read statements at the hearing. Make sure they are included in short, easy-to-read sentences. In most cases, however, the witness is not obliged to read the statement and the members of the court will read it themselves at the beginning of the trial. Sometimes additional testimony is needed. This will be the case if new issues have arisen in the course of the procedure. In this case, the court orders them and they are treated as the first witness statement. This is due to its importance in legal proceedings. It highlights key moments in your story and refers to the supporting documentation you rely on so that they can understand the basis on which you are making your case as quickly as possible. Testimonies are now expected in England and Wales.

In Scotland they are less common. Similarly, if you have included the minutes in the joint file, you do not have to reproduce verbatim in your testimony everything that was said at a disciplinary hearing, complaint or appeal. Instead of spelling out every «if,» «and» and «but» that was mumbled during the hearing, you could simply say, «The complaint hearing took place on date X; X chaired the meeting, X was present as HR and X was accompanied by X. A complete and accurate report can be found on page X of the package.» As the person making the claim, your testimony is your «main evidence.» You must also prepare the testimony of each witness you call in support of your case, and they must attend the hearing. If you do not prepare testimony, the ET may not allow your witness to speak on your behalf. Even worse, the case could be adjourned and a cost decision could be made against you for wasting everyone`s time. You should try to keep your testimony as clear and concise as possible, describing what happened and in what order. Evidence should be presented in concise, first-person numbered paragraphs.

The first paragraph shall indicate the full name and address of the witness who testifies. Witness statements must be signed and dated, and the exchange with the employer takes place before the trial.