Employment tribunals issue witness statement direction
A new practice direction and presidential guidance on the use of witness statements have been issued for cases before employment tribunals in Scotland.
Applying to hearings scheduled to take place on or after 1 October 2022, the practice direction restates the presumption that evidence in chief will be given orally, without the use of a witness statement and then sets out the procedure to be followed where it is sought to make an exception in a particular case in the interests of justice. The direction then gives detailed instructions about format and what the statement should contain (including an introduction describing how it was taken), and other matters including exchanges of statements. It does not apply to statements from expert witnesses.
The accompanying presidential guidance sets out relevant factors when considering whether witness statements should be ordered, and further guidance on content and presentation.
Judge Susan Walker, President of the Employment Tribunals (Scotland), who signed the direction and guidance, acknowledges that they were drafted by her predecessor, Judge Shona Simon. They follow consultation with tribunal users and judges.