Disputed disability

[Lucy1981]

Hi Everyone
Im really hoping I can get some advice please. I’m currently in the process of a Employment Tribunal for disability discrimination, my employer sacked me 40mins after me disclosing my mental health illness.

The first preliminary hearing was in May where directions were given which included medical evidence and a disability impact statement. The precise words of the order are “The claimant must by DATE serve on the respondent copies of any medical notes, occupational health assessments and other evidence in the claimants possession and/or control relevant to the issue of whether the claimant was at all relevant times a disabled person”

I had in my possession a letter by my doctor written in 2013 confirming my diagnosis in 2003 and my treatment and illness was still continuing. I also sent a letter from my current go confirming I have had my illness since seeing her in 2016 and it has persisted since then and is still ongoing and is a expected to continue for over 12 months.

I sent this evidence in time 2 weeks ago, today was the day the respondent had to reply to if they conceded disability or not. Today I received an email from their representative stating they are still awaiting my medical records and I haven’t supplied sufficient evidence for them to decide.The orders also stated that if dispute was still ongoing after evidence then a joint expert would be agreed nothing about demanding further evidence. The word records is never mentioned I believe I have given more than enough evidence for them to make a decision and do not understand how having my full records what difference this would make. Are they allowed to demand more evidence or are they supposed to make an application for a case order?

Any advice would be greatly appreciated as I am worrying I have not complied with an order when I genuinely thought I had. Thank you for reading

[ULA]

Firstly just to say representing yourself, which I presume you are, through a Tribunal claim can be very daunting.

Medical notes are entries made on medical records and are a systematic and timed documentation of your medical history. The Order made reference to medical notes so these, in my view, would be the notes that were made by your GP or any other medical practitioner you saw in relation to your mental health issues that appear in your medical records. Therefore to comply with the Order and to provide as much documentary evidence as possible to support your disability claim any relevant medical notes, in my view should have been included.

So if this logic follows through, then for the respondent to have to make an application to the Tribunal for you to supply the medical notes which were part of the Order could be viewed "dimly" by the Tribunal, although you may be given some leeway if you are not represented.

One possible way I can suggest to deal with this would be to write to the representative explaining that you felt that the two letters from your previous and current GP were evidence enough, however you are in the process of obtaining the relevant exerts from your medical records which relate to the medical notes made in relation to your mental health illness. This way you would not be disclosing your full medical records which in any case was not required by the Order which states …"

elevant to the issue of whether the claimant was at all relevant times a disabled person”.

Following on from that you will need to get in touch with your GP's surgery or arrange to see your GP as soon as possible about getting the relevant copies of notes which should probably be acccompanied by a note from your GP confirming they are the medical notes contained within your medical records specifically relevant to your mental health issues.

Hope that helps.