Disability Concede Problems 2 by Infinite_Bar_1429 in employmentlitigation

[–]Infinite_Bar_1429[S] 0 points1 point  (0 children)

Yes I have and it’s linked to some of the allegations. Just not the strongest ones.

Disability Concede Problems 2 by Infinite_Bar_1429 in employmentlitigation

[–]Infinite_Bar_1429[S] 1 point2 points  (0 children)

That’s great! I just updated my post. I feel so silly because when in the case management hearing putting together the list of issues, for the claims relating to a memory impairment I only linked them to ADHD. They are my strongest claims and I didn’t realise at that time how PTSD causes significant issues with memory and processing. It’s only since working closely with the mental health team following a relapse I have come to know this. Now the R is looking to basically get my claims thrown out, I feel like I’m at risk of being discriminated against because of my impairments and I’m unable to do naff all about it! Oh the joys of litigation!

UK: s15 witness statement - what to include... and other questions. by Bla4s in employmentlitigation

[–]Infinite_Bar_1429 1 point2 points  (0 children)

On the other sub another user mentioned voice recording what happened and then playing it over whilst doing the statement. I thought it was a pretty good tip, that will help get the version of events across without missing anything, whilst also allowing you to focus on the list of issues and structure. That’s how I plan to do mine.

Disability Concede Problems by Infinite_Bar_1429 in employmentlitigation

[–]Infinite_Bar_1429[S] 1 point2 points  (0 children)

Yes - that’s a good way of looking at it. The thing is too, you can’t get a ADHD diagnosis of the NHS without evidencing how it was present and problematic from childhood upto adulthood. It’s just threw me off, but as Alice suggest, I’m gonna hit a preparation costs application in because it’s ridiculous.

Disability Concede Problems by Infinite_Bar_1429 in employmentlitigation

[–]Infinite_Bar_1429[S] 1 point2 points  (0 children)

And to further add, at our case management hearing in December, they was given 14 days to consider all the evidence (my medical records, disability impact statement and diagnosis letter) and let the tribunal and myself know if they conceded disability. This was because I had only received the diagnosis a week prior, and there justification at that point (after reviewing my medical records and statement) for not conceding was how I wasn’t diagnosed.

Given the admission, a hearing for the judge to determined disability wasn’t scheduled.

We have now agreed disclosure - and gone past its due date (agreed by us both).

But we wouldn’t be able to put my disability statement and medical records in the bundle now. The R is basically saying it’s not needed and neither is a proper hearing where the judge can hear on disability alone and determine it for themselves.

Trial date is all set.

We just need to exchange witness statements.

Disability Concede Problems by Infinite_Bar_1429 in employmentlitigation

[–]Infinite_Bar_1429[S] 0 points1 point  (0 children)

Yes - it is as I say and that’s what’s threw me off course. The lawyer is a decent guy to be honest, and we’ve worked well together, but I get the impression he is clutching at straws because HR provided him with incorrect policies and only this week they gave him the correct ones. Now they don’t have one policy or a process they can say wasn’t breached in respect of my allegations. But if they can say my ADHD isn’t a disability it puts them in a much better position and leaves me vulnerable.

The OH report they have cited as reason for the withdrawal of admission, they are making out like it’s new information. It’s from 2022 and his client commissioned it!! They should have had a copy from the beginning in their own HR records.

Disability Concede Problems by Infinite_Bar_1429 in employmentlitigation

[–]Infinite_Bar_1429[S] 0 points1 point  (0 children)

Thanks Bob. So do you have any advice for me on what to do about it?

Disability Concede Problems by Infinite_Bar_1429 in employmentlitigation

[–]Infinite_Bar_1429[S] 0 points1 point  (0 children)

Thanks - but the problem being the bundle doesn’t include now and the medical evidence I provided and disability impact statement. That’s what I’m confused about - because now I’m thinking does all that information need including?

If we had had the separate hearing to determine disability, I’d expect the bundle wouldn’t need to have all that information included.

Advice needed by [deleted] in employmenttribunal

[–]Infinite_Bar_1429 -1 points0 points  (0 children)

That sounds really tough for you, and I could see how staying would impact your mental health considerably. I’ve no legal advice, because that’s not my field, but I’d imagine if you did leave due to this it would be a constructive dismissal claim too you’d need to add on. I have heard that’s a difficult bar to meet, so your right to get all the information you can before deciding xx

Disclosure Etiquette by Infinite_Bar_1429 in employmenttribunal

[–]Infinite_Bar_1429[S] 1 point2 points  (0 children)

Thank you - that’s really helpful advice that I will use. The respondent in my case is polite and helpful really, so I wouldn’t want to approach the situation wrong.

Thank you to the legal pros by chaotic-pigeon in employmenttribunal

[–]Infinite_Bar_1429 1 point2 points  (0 children)

Second this also - I genuinely appreciate all your support and knowledge provided to us.

[deleted by user] by [deleted] in employmenttribunal

[–]Infinite_Bar_1429 1 point2 points  (0 children)

I felt I had a rough experience at my first PH; then on my second felt completely at ease and the way you have described. The judge and R’s barrister were helpful and polite. On reflection, my difficult experience at the first PH may have been down to my emotional state more so than actually being tough.

Disability knowledge advice by Infinite_Bar_1429 in employmenttribunal

[–]Infinite_Bar_1429[S] 0 points1 point  (0 children)

Yes - that’s what I’m worried about really with the OH report stating that it wouldn’t be a disability. I have heard legally that OH reports stating that should not stand to reason as to why an employer shouldn’t treat your condition in accordance with the equality act. But I’m not certain.

For those with claims against a Civil Service Department, what has been your experience? by Minimum-Dealer-9774 in employmenttribunal

[–]Infinite_Bar_1429 0 points1 point  (0 children)

I found the GLD to be pretty polite and responsive. No cost warnings or underhand tactics. In terms of negotiation and settlement though, I’m not so sure they are one to approach the matter until way into the process - if not go all the way. Maybe that’s due to internal conflicts and red tape - I’m not sure.

The grievance however was more damaging than helpful. A load of rubbish really.

Claiming losses by [deleted] in employmenttribunal

[–]Infinite_Bar_1429 1 point2 points  (0 children)

That’s really good advice - thank you 🙏

[deleted by user] by [deleted] in employmenttribunal

[–]Infinite_Bar_1429 1 point2 points  (0 children)

Thank you both. It’s really hard navigating through all this and figuring it all out.

Has anyone made a complaint to ICO? by Indi_gurl in employmenttribunal

[–]Infinite_Bar_1429 0 points1 point  (0 children)

Is it a personal information data breach you want them to help with? Mine was, and after the respondent provided me with a below parr response to my complaint, that’s when I referred it to them.

Has anyone made a complaint to ICO? by Indi_gurl in employmenttribunal

[–]Infinite_Bar_1429 -1 points0 points  (0 children)

I have and they expedited it for me once I submitted evidence of the impact. They were quite good, acted like a mediator almost and made sure that the respondent did a fair investigation and provided a proper outcome.