Employment tribunals operate on a simple hierarchy: contemporaneous evidence wins. An email sent fifteen minutes after an incident carries more weight than a witness statement produced eight months later. A GP appointment booked the same day as a workplace stress event provides stronger corroboration than a retrospective medical report. This is not speculation. This is how tribunals assess credibility.
If you're building an employment case, you need evidence. Not memories. Not good intentions. Not a strong sense that you were wronged. You need documentation that proves what happened, when it happened, and who was involved. This guide provides a systematic approach to evidence collection that maximizes your chances of success.
Why Contemporaneous Evidence Wins
Employment tribunals assess evidence using a weight hierarchy. Here's how it works:
High Weight:
- Email sent on the day of the incident
- Text message sent immediately after a meeting
- Diary entry made the same evening
- GP appointment attended within 24 hours
- Meeting notes taken during the event
- Photographs or screenshots captured in real-time
Medium Weight:
- Diary entry made within a week
- Email to a friend or family member a few days later
- Medical appointment within the first month
- Notes made from memory but shortly after the event
Low Weight:
- Witness statement created six months later
- Retrospective diary entries
- Recollections unsupported by contemporary documents
- Medical evidence sought only after filing a claim
The principle is straightforward: the closer the documentation is to the event, the more reliable it is. Memories fade. Details blur. People unconsciously reshape narratives to fit their current understanding. Contemporary evidence doesn't lie.
The Golden Rule
Document the same day. Every time.
Not when you get home from a difficult week. Not when you've decided to consult a solicitor. Not when you're ready to file a grievance. The same day the event occurs.
How to implement this:
Keep a work diary. Digital or paper. Dated entries. Brief descriptions of significant events. Names, times, what was said, who witnessed it.
Send confirmation emails. After a difficult conversation with your manager, send a brief email confirming what was discussed. "Following our meeting today at 2pm, I wanted to confirm that you instructed me to [action]. Please let me know if I've misunderstood." This creates a written record.
Make notes immediately after meetings. Type them into your phone while the details are fresh. Include direct quotes where possible. Note who attended, where you sat, what time it started and ended.
Photograph or screenshot evidence immediately. Company policies displayed on notice boards. Organizational charts. Rota schedules. These can change or disappear. Capture them when you see them.
What to Save
Employment cases are won or lost on specifics. Vague allegations fail. Detailed, documented allegations succeed.
Emails
Emails are the single most valuable form of evidence in employment disputes. They're timestamped, they're difficult to fabricate, and they often contain admissions or contradictions that undermine your employer's case.
What to save:
- All emails related to the dispute
- Headers and metadata - don't just save the text
- Email chains - save the entire thread, not just the final message
- Deleted emails - check your deleted items folder immediately
Technical note: When forwarding work emails to a personal account, include the original headers. In Outlook, use "Forward as Attachment" rather than standard forwarding. In Gmail, click the three dots and select "Show original," then save the raw email.
Text Messages and WhatsApp
Work conversations increasingly happen outside formal email channels. WhatsApp groups, Teams chats, and text messages all constitute evidence.
How to preserve:
- Screenshot conversations showing date, time, sender, and message content
- Export WhatsApp chat histories (Chat > three dots > More > Export chat)
- Don't delete anything - recovery is difficult or impossible
Performance Reviews
Performance reviews before and after a dispute are critical. They often reveal sudden, unexplained deteriorations in assessments that coincide with protected acts.
What to save:
- All written performance reviews
- Self-assessment forms you submitted
- Mid-year check-in notes
- Objectives set at the start of the year
- Any performance improvement plans
Medical Evidence
Medical evidence corroborates the impact of your employer's conduct. A GP appointment booked the same day you were subjected to harassment is powerful evidence. A medical report commissioned 18 months later is weak.
What to save:
- GP appointment records
- Fit notes issued due to work-related stress
- Occupational health reports
- Prescriptions for stress, anxiety, or depression medication
- Referrals to counseling or mental health services
Timing is critical: If you attend your GP on the same day as a serious workplace incident, the notes will record what you reported while it was fresh.
How to Organize Evidence
Collecting evidence is step one. Organizing it is step two. Tribunals expect chronological clarity.
Chronological Timeline
Create a timeline document listing every significant event in date order.
| Date | Event | Evidence Type | Filename |
|---|---|---|---|
| 15/01/2024 | Performance review - rated "Excellent" | 2024-01-15_Performance_Review.pdf | |
| 03/03/2024 | Announced pregnancy to line manager | 2024-03-03_Email_Pregnancy.pdf | |
| 10/04/2024 | Excluded from strategy meeting | Calendar | 2024-04-10_Meeting_Exclusion.pdf |
Naming Conventions for Files
Use a systematic naming convention for all evidence files.
Recommended format:
YYYY-MM-DD_DocumentType_From_To_Subject.pdf
Examples:
2024-06-12_Email_Manager_Me_Disciplinary.pdf2024-07-20_Text_HR_Me_Grievance.pdf2024-08-05_Contract_Employment.pdf
Cloud Backup
Store everything in the cloud. Not just on your laptop. Not just on your phone.
Recommended: Google Drive, Dropbox, OneDrive, iCloud
Create a dedicated folder structure:
Employment Case/
├── 01_Contracts_and_Policies/
├── 02_Emails/
├── 03_Text_Messages/
├── 04_Performance_Reviews/
├── 05_Medical_Evidence/
├── 06_Payslips/
├── 07_Meeting_Notes/
├── 08_Grievance_Documents/
└── 09_Timeline/
The Incident Log
An incident log is a structured record of events as they occur.
Template for each entry:
Date: [DD/MM/YYYY] Time: [HH:MM] Location: [Where did this occur?] People Present: [List everyone who witnessed or participated] What Happened: [Factual description. Use direct quotes where possible] Your Response: [What did you say or do?] Witnesses: [Who saw or heard this?] Emotional State: [How did you feel immediately after?] Evidence Created: [Did you send an email, take notes?]
Common Mistakes That Destroy Cases
Deleting "Embarrassing" Emails
You sent an angry email in response to unfair treatment. It contains swearing or intemperate language. You're worried it makes you look unprofessional, so you delete it.
This is a catastrophic mistake. Tribunals expect real human responses to workplace mistreatment. Deleting emails suggests you're hiding something.
Waiting Too Long to Document
Retrospective accounts are treated with skepticism. Tribunals know that memories are unreliable. Details blur. Timelines shift.
Only Saving Favorable Evidence
Employment tribunals expect balanced evidence. Your employer will produce the emails you deleted. When the tribunal sees you've selectively preserved evidence, your credibility collapses.
Technical Evidence Handling
Email Forwarding to Personal Account
Legal position (UK):
- You generally have the right to preserve evidence of potential legal claims
- Forwarding emails for this purpose is unlikely to breach data protection law if the emails relate to you
- Forward only emails directly relevant to your potential claim
- Use a personal email account, not a competitor's corporate account
Recording Conversations
UK law permits recording conversations where at least one party (you) consents. You don't need to tell the other person you're recording.
However: Tribunal admissibility is a separate question. Tribunals have discretion to exclude covert recordings if obtained "unfairly."
Final Checklist
Immediate actions:
- Set up a cloud-based folder structure for evidence storage
- Create a chronological timeline spreadsheet or document
- Start an incident log using the template provided
- Forward critical work emails to your personal account
- Screenshot WhatsApp or text conversations related to your case
- Request your medical records from your GP
- Save all current versions of company policies
Ongoing discipline:
- Document significant events the same day they occur
- Use systematic file naming conventions
- Back up evidence to two separate cloud services
- Save emails in their original format with metadata
- Preserve all evidence, even if uncomfortable
- Never edit, delete, or fabricate evidence
Legal Disclaimer: This article provides general information about evidence collection in employment disputes. It is not legal advice. For specific guidance on your situation, consult a qualified employment solicitor.
This article provides general information only. It is NOT legal advice. EmployLaw.ai is NOT a law firm and is NOT regulated by the Solicitors Regulation Authority (SRA). For specific legal advice, consult a qualified employment solicitor.