If you are preparing for an employment tribunal claim, gathering strong evidence is crucial for success. In this guide, our expert employment lawyers provide an authoritative and comprehensive overview of the types of evidence you need, where to find them, and how to present them effectively to maximize your chances of winning your case.
For personalised assistance and expert advice, contact our expert lawyers for a Free Consultation on 0207 459 4037 today.
What Evidence is Needed for an Employment Tribunal Claim?
Evidence in an employment tribunal claim serves to support your version of events and challenge the employer’s account. The types of evidence commonly required include:
A. Documents
- Employment Contract: Your employment contract outlines the terms and conditions of your employment and any breaches by your employer.
- Job Description: This helps define your role and responsibilities, which can be pertinent if your claim involves disputes over job duties or performance expectations.
- Policies and Procedures: Relevant company policies, such as those on harassment, discrimination, and disciplinary actions, can support your claim by showing procedural lapses by your employer.
- Correspondence: Emails, letters, and messages between you and your employer can be critical in showing patterns of behaviour, decisions, and actions taken by the employer.
B. Witness Statements
- Colleagues: Statements from coworkers who witnessed relevant events or can attest to the work environment.
- Third Parties: Statements from clients, customers, or external partners who may have witnessed pertinent incidents.
C. Performance Records
- Appraisals and Reviews: Documents related to your performance evaluations can support claims of unfair dismissal or discriminatory treatment.
- Sales Records and Targets: For roles with measurable outputs, such as sales, these records can help demonstrate your performance level.
D. Medical Records
Doctor’s Notes: If your claim involves health issues or disabilities, medical evidence can support your account of how your health impacted your work and vice versa.
Where to Find Evidence
A. Within the Company
- Email Accounts: Search your email inbox, sent items, and any archived folders for relevant communications.
- Company Systems: Access the intranet, shared drives, and other internal systems for documents and records.
- Request from HR: Formally request specific documents from the HR department if you cannot access them yourself.
B. Personal Records
- Home Copies: Any documents or notes you may have taken home can be useful.
- Personal Diary: Keeping a diary of events can provide a contemporaneous account of incidents and actions.
C. External Sources
Subject Access Request (SAR): Under the General Data Protection Regulation (GDPR), you can request all personal data held by your employer, which can be a goldmine of relevant information.
Tips for Collecting Evidence
1. Be Thorough but Selective: Gather all potentially relevant evidence, but be discerning about what to include. Overloading with irrelevant information can weaken your case.
2. Maintain Confidentiality: Avoid taking confidential company documents without permission, as this can lead to disciplinary actions against you. If necessary, consult a legal expert before taking such steps.
3. Document Everything: Keep detailed records of all interactions and incidents. Email yourself summaries of meetings and phone calls immediately after they occur to ensure accurate recollection.
4. Organise Evidence Effectively: Use a systematic approach to file and reference your evidence. Create an index and use tabs to separate documents for easy navigation.
5. Consider Covert Recordings Carefully: While covert recordings can sometimes be useful, they come with legal and ethical risks. Use them only when absolutely necessary and consider their admissibility in tribunal proceedings.
Presenting Your Evidence
1. Create a Clear Timeline – Chronologically order events to present a clear narrative of your case. Attach relevant evidence to each event in your timeline for easy reference.
2. Prepare Witnesses – Ensure your witnesses are well-prepared to give statements and understand the key points they need to convey. Their credibility and the consistency of their statements can significantly impact your case.
3. Use a Professional Approach – Present your evidence in a professional and organised manner. This demonstrates your seriousness and enhances the tribunal’s perception of your case.
Expert Employment Lawyers in London – Free Consultation
Collecting and presenting evidence effectively is key to the success of your employment tribunal claim. By following this guide, you will be well-equipped to build a strong case. For further assistance, consider consulting with our expert lawyers.
Contact us for a free consultation at 0207 459 4037. Don’t navigate this complex process alone; let us help you achieve the justice you deserve.
FAQs About Collecting Evidence for Employment Tribunal Claims
What types of evidence are most important for an employment tribunal claim?
The most important types of evidence include documents (employment contracts, job descriptions, policies), correspondence (emails, letters), witness statements, performance records, and medical records if applicable.
How can I gather evidence if I no longer have access to my work email or documents?
You can request specific documents from your employer’s HR department or make a Subject Access Request (SAR) under GDPR to obtain personal data held by your employer.
Is it legal to take confidential documents from my employer for evidence?
Taking confidential documents without permission can lead to disciplinary action. Consult a legal expert before taking such steps. Consider alternative ways to gather evidence, such as making notes or requesting documents formally.
Can covert recordings be used as evidence?
Covert recordings can sometimes be used, but they carry legal and ethical risks. They are more likely to be admissible if they are highly relevant to the case and there are no other means to obtain the evidence.
How should I organize and present my evidence?
Organise your evidence systematically, create an index, and use tabs for easy reference. Present it in a clear, professional manner to enhance its credibility.
