Tribunal cases sometimes throw up situations where new evidence emerges shortly before the hearing, or where the other side's witness statement requires a focused response. In those situations, a supplementary witness statement is the right document. It must be prepared to a proper standard, focus only on the new matter, and reach the tribunal in time to be admitted.
This guide explains when a supplementary witness statement is appropriate, how to format and structure it and how to get it filed and served quickly.
A supplementary witness statement is a further written statement by a witness, made after their main witness statement. It is used to:
Supplementary statements are not used to repeat or expand on material that should have been in the main statement.
The other side discloses documents after the main statements have been exchanged. A supplementary statement deals with the new documents.
Another witness's statement contains specific allegations or evidence that your witness needs to address.
Something material has happened since the main statement (a new job, a new diagnosis, a change in family circumstances) that affects the case.
If you discover an error in your main statement, a supplementary statement is the right way to correct it.
Sometimes a witness genuinely remembers something material only after their main statement. A supplementary statement can deal with this, though the tribunal will want an explanation for the late remembering.
Most tribunals have rules about when evidence can be filed. In the employment tribunal:
For supplementary statements served late, you may need to make an application for permission. This is usually done by email to the tribunal with the supplementary statement attached.
The same heading as the main statement: parties, case number, witness name. State clearly that this is the witness's "Supplementary Witness Statement" (or "Second Witness Statement").
A short paragraph explaining:
Numbered paragraphs dealing with the matters covered. Keep it focused. Each paragraph should address a single point.
Where the statement refers to documents, exhibit them. Use a new exhibit numbering sequence (continuing from the main statement, so if the main statement had exhibits AB1 to AB10, the supplementary exhibits start at AB11).
The statement must end with a statement of truth, signed and dated.
If you are responding to another witness's statement, reference specific paragraphs and explain your response.
Documents, photographs or other materials that have emerged. Each should be explained and exhibited.
Enough background for the new evidence to make sense. Avoid duplicating material from your main statement.
Why was this not in the main statement? Was it not available? Was it not anticipated? An honest explanation matters.
If something was already in your main statement, do not repeat it.
The supplementary statement should not be used to introduce entirely new arguments or evidence that should have been in the main statement.
The statement is for evidence, not legal argument.
Particularly when responding to another witness's statement, the temptation to react angrily should be resisted. Stick to facts.
Save this for cross-examination and submissions. The statement should set out facts, not opinions about other witnesses.
Most tribunals accept witness statements by email. Send a clean, properly formatted PDF or Word document to the tribunal's email address with:
Serve the supplementary statement on the other party at the same time as filing. The court will want to see that all parties have the document.
If the statement is being filed close to the hearing or after the deadline for evidence, ask the tribunal for permission to admit it. Set out:
If you need a supplementary statement quickly, work efficiently:
Resist the temptation to use the supplementary statement to add everything you wish you had said. Focus on what is genuinely new or in response.
For a witness who is reasonably articulate, drafting their own statement and then asking a lawyer to check it can be quicker than the lawyer drafting from scratch.
Plain English, short sentences, numbered paragraphs. Tribunal members read many statements; clarity helps.
The statement must be properly signed with the statement of truth. Electronic signatures are usually acceptable.
Even where you are working at short notice, aim to send the statement at the earliest opportunity rather than the latest possible moment.
The tribunal will consider whether to admit the late evidence. Factors include:
Tribunals are usually pragmatic. Where the evidence is genuinely material and the other side can be given fair opportunity to respond, late evidence is often admitted.
If the supplementary statement is admitted, the witness can be cross-examined on it just as on the main statement. The other side's representative will usually focus on:
Be prepared for these challenges.
The supplementary statement is for genuinely new material. Tribunals see through attempts to use it as a second chance.
Each document should be specifically exhibited and explained.
Filing close to the hearing without permission risks the evidence being excluded.
Failure to serve at the same time as filing causes problems and may lead to the evidence being excluded.
A properly formatted statement is more likely to be taken seriously. Numbered paragraphs, clear headings and a proper statement of truth all matter.
For genuinely complex supplementary statements, having a barrister or solicitor review the draft is worthwhile. The cost is usually modest compared with the impact of the evidence at the hearing.
A direct access barrister with tribunal experience can advise on what to include, draft or review the statement and help with the application for permission if filing is late.
Barrister Connect matches people directly with specialist barristers, without the delay or cost of instructing a solicitor first. Send us a short outline of the case, we identify the right barrister and you receive a fixed-fee quote before committing. Get in touch with our team to start.