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Hi All
I have a disability discrimination hearing in two weeks and wanted to check if I can ask the judge to strike out/dismiss part of the respondents (employer) evidence?
Background :
I was dismissed at a welfare meeting as my employer felt I was not coping very well with my mental health, they claim additionally claim they were unable to accommodate psychiatrist appointments and I would be better off leaving work even though I had no poor work record or concerns raised. This was the first and only time the employer spoke to me about my mental health.
I subsequently responded in a letter claiming that I was dismissed unlawfully on disability grounds and the respondent responded claiming I was dismissed on gross misconduct. This was their response even though I wasn't advised of this at the welfare meeting and was not placed in an investigation whilst employed.
Several months later I've been advised in the respondents case management document there's "5 witnesses" to an alleged verbal confrontation leading to the gross misconduct incident that never took place.
Leading to my question , can I ask the judge to strike out any witness statements as this was not presented to me at any stage whilst employed or post termination and was not mentioned in the employer initial response letter after they carried out an internal investigation and made no mention of witnesses.
Im frustrated by the employers actions because I can see what they are trying to do in covering their actions by claiming I was terminated through gross misconduct.
If it helps someone to advise further - I notified the employer of my disabilities on a new starter questionnaire, have not had any in work warnings or disciplinaries and the respondent has admitted the meeting was called a "welfare meeting".
Regards
I have a disability discrimination hearing in two weeks and wanted to check if I can ask the judge to strike out/dismiss part of the respondents (employer) evidence?
Background :
I was dismissed at a welfare meeting as my employer felt I was not coping very well with my mental health, they claim additionally claim they were unable to accommodate psychiatrist appointments and I would be better off leaving work even though I had no poor work record or concerns raised. This was the first and only time the employer spoke to me about my mental health.
I subsequently responded in a letter claiming that I was dismissed unlawfully on disability grounds and the respondent responded claiming I was dismissed on gross misconduct. This was their response even though I wasn't advised of this at the welfare meeting and was not placed in an investigation whilst employed.
Several months later I've been advised in the respondents case management document there's "5 witnesses" to an alleged verbal confrontation leading to the gross misconduct incident that never took place.
Leading to my question , can I ask the judge to strike out any witness statements as this was not presented to me at any stage whilst employed or post termination and was not mentioned in the employer initial response letter after they carried out an internal investigation and made no mention of witnesses.
Im frustrated by the employers actions because I can see what they are trying to do in covering their actions by claiming I was terminated through gross misconduct.
If it helps someone to advise further - I notified the employer of my disabilities on a new starter questionnaire, have not had any in work warnings or disciplinaries and the respondent has admitted the meeting was called a "welfare meeting".
Regards
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