Failure to make reasonable adjustments, dismissed, dithering over grievance

[Bronwyn]

Bronwyn the medical records and the explaination of how your medical conditions affect you on a day-to-day basis are going to help support your claim that you are disabled as defined by the Equality Act 2010 (EqA). The latter document is under your control to clearly set out how your daily life is affected including general activities then any impact within a working environment.

I see that requested medical records is free, but would it be better to also request a letter from a GP specifically outlining how the conditions would affect me? Or can I write that myself?

If the Judge after the next PH determines that these reports support your being disabled under the EqA then as you say the respondent will then need to prove that they did not discriminate against you as a consequence of your disability.

I'm trying to research what sort of defence the respondent might present (especially given that they are repeatedly stating that I was merely let go due to reduction in workforce). They initially gave three reasons for selecting employees for dismissal (widely publicised prior to selection) but since then have denied that these were used, nor have they provided any evidence of my statistics causing me to be selected despite my having requested it since the day I was given notice.

It was a responsible judge that showed conern for you being a litigatant in person (LiT) and given that discrimination can be quite complex. Even if you cannot afford to look at support in these early stages I would consider what Sky90 has said about a direct access barrister in the lead up to a final hearing.

Please do feel free to keep coming back to this thread as often as you need to ask any questions as you go through this process, you are not on your own.

I was very grateful for the judge's patience with me. The links he has provided are for Streetlaw and other online law-student/pro-bono services that provide guidance, but not direct support it seems. Do no-win-no-fee lawyers accept cases such as these?

[ULA]

Sorry to take a few days to get back to you.

A GP letter may be useful in outlining how the condition may affect you but I also think that you then putting this in practial terms of your day-to-day life is important. Alternatively if you have a "strong" medical records from your consultant/medical expert then maybe your own document will suffice without the need for an additioanal GP report.

Depending on the evidence you produce regarding your medical conditions and any ruling by the Judge that confirms that yes you do quaify under the EqA as being disabled, then their defence would be based on the fact that that had no bearing on their decision. They will be out to prove that they following a fair and reasonable process in coming to the decision of who to service notice on and that you were not treated any differently to other colleagues whose contracts were terminated as a consequence of your medical conditions.

There are no win no fee employment lawyers, however they will only take on cases based on a couple of important paramenters a) the merits of the case and the liklihood of winning so that they can recover their fees b) what is the likely award given the type of claim and will this cover their costs.

[Bronwyn]

I've managed to access a medical summary report and have submitted this to the other side's legal team. Could anyone point me in the direction of guidance to draw up a schedule of loss? I was employed for less than 2 years, so presumably am ineligible for the 'basic award' and so the 'compensatory award' would need calculating. I feel that part of the reason I lost my most recent job was due to the confidence blow caused by losing the tribunal job (I tend towards agoraphobia when low, and have cripplingly low self-confidence which is severely affected but these things), but how do I quantify this into tangible 'loss'?

Ideally, I would love some months' salary in addition to the cost of therapy sessions to enable me to get back on my feet again. Is this unreasonable?

[ULA]

Can you confirm the exact nature of the claim you are making, does it include automatic unfair dismissal on the grounds of discrimination in which case this does not have a 2 year service requirement?

Injury to feeling compensation for discrimination claims tends to be based on the Vento bands which I have set out below:

* the lowest band (currently £900 to £9,100) – this will be for the least serious cases, such as where the discriminatory act is a one-off
* the middle band (£9,100 to £27,400) – serious cases, but ones where an award in the highest band would not be appropriate
* the highest band (–£27,400 to £45,600) - these are the most serious cases, such as where there has been a lengthy campaign of discriminatory harassment which has a profound effect on the victim

[Bronwyn]

It is a claim for automatically unfair dismissal on the grounds of discrimination (I've provided evidence for two disabilities).

[ULA]

If you are claiming automatic unfair dismissal then your schedule of loss (SoL) should include the basic award.

[Bronwyn]

Having just checked back on my ET1, I didn't check the 'unfair dismissal' box, only the discrimination one, which would alter my schedule of loss I imagine.

I'm struggling to collate and decipher the information required for the case management orders, especially in writing how I'm affected on a daily basis by the disabilities. I've asked the respondent's solicitor for a short extension and have researched law clinic support but don't know if I can access this before the submission deadline.

It's tricky to find examples of similar cases/judgements, I'm guessing because they are settled beforehand. I'm seeking some guidance on what Vento band my claim falls under, and how to calculate the point within the band.

[theberenger]

Owing to my regrettable ignorance, I had to Google what 'Neurodiversity' meant, and it leads to me ask a question if I may.

Your position is that your diagnosis means you now fall under the definition of a legal disability, yet the few articles I read on Neurodiversity suggest that academics and those in the medical sector are keen to stress exactly the opposite, that being neurodiverse is absolutely not a disability, and the condition's very name is chosen because it seeks to highlight that neurodiverse individuals are simply a different normal, rather than explicitly disabled.

I'm not for a moment suggesting it doesn't impact your daily life, I'm sure it does and I'm certain it's not pleasant feeling the way you often do, but given there appears to be a divide in the literature, what's your tactic for helping the Judge come down on your side of the fence?

[ULA]

Not checking the unfair dismissal box may be an issue and one that the respondent will likely raise, however still apply for a basic award. You may be able to argue that at the time of completing the ET1, since you had less than 2 years service, you thought that your dismissal could not be considered unfair, however since progressing throught this process you have established that dismissal on diability discrimination grounds, is an automatic unfair dismissal and a basic award can be applied for.

When is your submission deadline? Is this the extended time the respondent has agreed to?

I have attached a link below to a publication that may help with regard to how to value your claim on the Vento bands. Please note the guidance was pblished in 2018 so the Vento band scales are out of date and the bands are reviewed in April so there may be a further increase on those I have set out at my post #34.

https://www.equalityhumanrights.com/...s-guidance.pdf

[Bronwyn]

It appears that the respondent's legal team have contacted ACAS, I think to ask for a settlement figure? They have received my schedule of loss (drawn up with the support of various online calculators/guides), but clearly would like to settle for rather less.

Presumably now begins a series of very low offers to ascertain a suitable middle-ground? What sort of figures would be considered reasonable (in relations to my schedule of loss figures which was in the middle Vento Band)

[ULA]

I just need to clarify your last post you say your schedule of loss (SoL) was in the middle Vento band. The only part of your SoL that should relate to the Vento bands is what you are claiming as injury to feeling. The rest of the SoL should be based on any automatic unfair dismissal claim you are making and there is a pre-set forumula for calculating this.

At the time you presented your claim then the middle band Vento was £9,100 - £27,400, this band is considered for serious and persistant cases and you would need to be able to argue this in response to any settlment negotiations via ACAS.

Yes, as you say it will now be a matter of negiotiaton and as always in this siutation the respondents will come in low and you will come in high. You need to create a realistice expection of what you would like to end up at, including taking into account that fact that you will not have to go through the stress of a final hearing and you will have certainly about what you will get. As you have experienced from the PHR preparing for and attending a hearing are very stressful, plus you may end up with a Tribunal that do not find in your favour, however "water-tight" you feel your claim is.