When You Need a Position Statement
The employment tribunal may direct both parties to file position statements before certain hearings -- typically preliminary hearings or sometimes before the final hearing. The direction will specify the page limit, usually two to five pages, and the filing deadline.
A position statement is not the same as a witness statement. It is a concise summary of your legal position -- what you are claiming, why the law supports your claim, and what findings you are asking the tribunal to make.
Structure
A good position statement has a clear structure: a brief introduction identifying who you are and what you are claiming, a summary of the key facts you rely on, the legal framework applicable to your claim, the key points of dispute and your position on each, and a summary of the remedy you seek.
Each section should be concise. The tribunal will have read the pleadings and the directions. You do not need to repeat everything -- you need to distil the key points and frame them clearly within the legal test.
The Legal Framework
Include a brief summary of the legal test that applies to your claim. For unfair dismissal: the two-stage test of potentially fair reason and reasonable response. For constructive dismissal: fundamental breach, resignation in response, and absence of affirmation. For discrimination: the type, the protected characteristic, and the comparator.
You do not need to cite many cases. A clear statement of the applicable statutory provisions and the key elements of the test is sufficient for most cases.
Key Points of Dispute
Identify the main issues in dispute and state your position on each clearly. If the respondent claims the reason for dismissal was capability but you say it was whistleblowing retaliation, say so directly and explain briefly why the evidence supports your case.
Do not try to deal with every possible argument. Focus on the two or three points most likely to determine the outcome. The tribunal will appreciate a focused, well-organised statement.
Tone and Presentation
Write in a professional, measured tone. Avoid emotional language and personal attacks. The tribunal is applying a legal test to the facts, not assessing how badly you were treated.
Use short paragraphs and clear headings. Number each paragraph. File and serve the statement by the deadline in the directions. Late filing creates a poor impression.