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    Witness statements for employment tribunals in England and Wales: what are the ‘Issues’?

    Mattison, M. and Cooper, Penelope (2021) Witness statements for employment tribunals in England and Wales: what are the ‘Issues’? International Journal of Evidence and Proof 25 (4), pp. 286-306. ISSN 1365-7127.

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    In England and Wales, Employment Tribunals (ETs) hear claims from persons who believe that an employer, or potential employer, has treated them unlawfully. Witness statements form part of the evidence considered by ETs, but research is lacking with regards to the methods used to produce ET witness statements. This study presents the findings from 40 semi-structured interviews with ET judges, panel members, employment lawyers (solicitors, barristers, advisers) and litigants. Our data revealed six themes: professional processes, enabling through case management, presentation preferences, challenges for litigants in person, availability and quality of resources, and lack of training. Participants felt that the quality of witness statements varied amongst those prepared by professional advisors and by litigants in person. Our interviews revealed almost no evidence of practitioner training on how best to prepare a witness statement. We make recommendations about guidance and training for those tasked with drafting witness statements.


    Item Type: Article
    Keyword(s) / Subject(s): Witness Statement, Witness Evidence, Employment Tribunal, Drafting
    School: Birkbeck Faculties and Schools > Faculty of Humanities and Social Sciences > School of Social Sciences
    Research Centres and Institutes: Crime & Justice Policy Research, Institute for
    Depositing User: Penny Cooper
    Date Deposited: 11 Oct 2021 13:27
    Last Modified: 02 Aug 2023 18:12


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