The trial judge’s attention may be drawn to any evidence that appears to conflict with what your opponent’s witness is saying. This can help to apply pressure to your opponent, particularly if the documents are ones that you would otherwise not be entitled to see, and ones that your opponent probably does not want you to see!ģ. If your opponent has referred to documents in their witness statements that you have not yet seen as part of their disclosure, then you may ask to inspect such documents. Alternatively, it may be possible to apply to strike out parts of your opponent’s witness statements (for example, on the ground that the evidence is inadmissible).Ģ. Prepare a supplemental witness statement to identify and deal with the factual inaccuracies contained in your opponent’s statements. If, however, there are clear factual inaccuracies contained in your opponent’s witness statements, you may be able to successfully challenge those statements by doing any of the following:ġ. Even if your comments do not go as far as disputing the accuracy of the evidence contained in your opponent’s statements, they will undoubtedly be helpful in preparing for the trial. You should consider whether there are factual inaccuracies in the evidence contained in those statements. You will have the opportunity to review your opponent’s witness statements when exchange takes place. This cardinal principle applies to both sides in litigation, so whether you are an agent or a principal embroiled in a legal battle, you might be able to obtain a tactical advantage over your opponent if you can show that their witness statements do not accurately reflect their evidence in the case. It is important, therefore, to ensure that witness statements are accurate and comprehensive. Indeed, a case may be won or lost on the strength of the witness evidence and (assuming the case goes that far) the performance of the witness at trial. Their purpose is to show the case in its strongest light. To discuss this further or to obtain advice on dismissal, seek legal advice from an Employment Law Adviser.Witness statements are a crucial part of any case. If an employer unreasonably fails to provide this written statement or provides untrue or inadequate reasons for dismissal, the employee can lodge a claim at an Employment Tribunal. What happens if an employer does not provide a written statement? Once an employee has requested the written statement, the employer must respond within 14 days. How long do you have to respond to the employee’s request? The written statement should contain enough information for the employee to understand why they were dismissed. What should the written statement contain? The written statement must be provided to these employees regardless of whether the employee has the qualifying length of service or if they have made a request. This is the case if an employee is dismissed while they are pregnant or on maternity leave. In some cases, the employee does not even have to ask for the written statement detailing the reasons for dismissal. There is no statutory obligation for this request to be in writing, but many employers will ask the employee to do so.ĭo all employees have to make a request for this written statement? This applies whether the employee was dismissed with notice or without notice. While it may be tempting to do a Lord Sugar and bark “You’re fired!” whilst jabbing your finger at an employee you’d be glad to see the back of, employees do actually have a right to be informed in writing of the reasons why they have been dismissed.Įmployees eligible for this written statement are those who have worked for their employer for at least two continuous years and have made a request for the statement.
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