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Tribunal decision query

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  • #16
    The question as phrased appears to seek clarification. What are your grounds for suggesting that the purpose is different?
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #17
      The way the question is phrased does make it appear they want clarification. However, the questions that were agreed and that I was asked during the new medical did not cover in great detail how my health health was prior to the detriment. I made comments on how my health was prior and compared it to now, but I didn’t go into a huge amount of detail, which is what I suspect the respondent wants, in order to try and limit a personal injury claim. The only way the expert could answer these new questions in a way that would please the respondent, would be for him to interview me again and write another report.

      I find these medicals utterly humiliating and quite distressing due to past medical experiences, something I made my previous employer aware about very early on in this process and I do not think I can face anymore of this.

      I have looked over older documents that the respondent has access to, where I state how my health was and what it was like at the time (it has since deteriorated further).

      Comment


      • #18
        As I understand it these latter 2 medicals were in relation to the extent of the deterioration in your health due to the treatment of your employer and that you and the respondent agreed the questions that would be asked as part of the assessment appointment.

        It would seem that those agreed questions did not adequately or were not clear enough to give the level of medical expert determination in the reports on the extent of the deterioration of your health due to the treatment of you by your employer. Yes, you say you have provided the information but this is your view and with due respect the respondent is entitled to get a medical expert's opinion for clarification on this, if one can be obtained

        You need to take into account that, if this is part of the preparation for the remedy hearing, both parties have the right for all pertinent and relevant information to be available to the judge when making a determination on any award.

        Have you had it confirmed the medical expert will have to speak with you again or are you just making an assumptions? If the latter, then I would find this out, as the medical expert may have actually gained enough information from you at the last assessment to be able to answer those further questions without the need for a further meeting.
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        • #19
          Dear Team, it’s done and dusted, sort of. I was awarded compensation for personal injury, injury to feelings and previous earnings and loss of earnings. The wages are from when I was employed and not paid and for a few months after leaving as I was not in employment.

          My understanding is that the wages are taxed, but the others are not as they are compensation due to disability discrimination. I have tried to find an accountant so that I can pay the tax on the wages, but the couple I have spoken to have provided a tax estimate that is far too low from what I remember being discussed in the hearing.

          Can you please advise if I need to talk to a lawyer instead of an accountant? Or a lawyer then an accountant? Or an accountant that has experience in employment cases?

          Thank you for any advice you can offer.

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          • #20
            Glad you got an acceptable outcome.

            Why spend money on a lawyer or accountant when you could contact HMRC yourself and ask them what you have to do?
            All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

            Comment

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