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Disability impact statement advice

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  • Disability impact statement advice

    Hi,
    I am currently in an employment tribunal with my former employer over constructive dismissal due to failure of reasonable adjustments promises and associated disability discrimination.
    The respondents refused to concede disability at the PH and requested a disability impact statement and evidence of any disability relied upon.
    I supplied a doctors report and impact statement as requested and the respondents representative has replied that they accept only partial disability from certain dates.
    For example they accept that I had certain impairments from November in 2020 (fatigue, confusion) relating to strokes I had in February 2020 and other impairments from June 2021 (mental health, aphasia).
    I specifically stated in the impact statement and it is also in the doctors report that these were related to the strokes in February 2020 and in evidence back then.
    I suspect the denial of acceptance of these impairments until after November 2020 is to negate a letter which mentions the adjustments to workload etc from between the strokes and my return to work, essentially between these dates.
    Do I need to write to the Tribunal about this before the full hearing or will the ET deal with this in any case at the full hearing.
    Thank you for your time and assistance.
    Tags: None

  • #2
    If you have provided your impact statement and all the relevant medical evidence then this should be included in the hearing bundle which is typically compiled by the respondent, especially if they are represented.

    I assume that you will be referring to these documents within your witness statement also. There is nothing further that you need to send to the Tribunal as they will only want to see the hearing bundle and the witness statements.

    If you feel there are any other documents that are not already with the respondent that support the medical evidence and your impact statement, then you need to send them to the respondent and request they are included in the bundle.
    If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

    I do my best to provide good practical advice, however I do so without liability.
    If you have any doubts then do please seek professional legal advice.


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    You are braver than you believe, smarter than you think and stronger than you seem.



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    Comment


    • #3
      Thank you for the response.
      I was planning to reference the occupational health reports and doctors report during my statement but I'm unsure of whether to specifically mention the respondents reply to my impact statement, where they refute my impairments from the date of my strokes but only accept impairments from dates months later.
      Would it be prudent to draw attention to this when addressing their grounds of resistance document within my statement instead?
      Thank you again for your assistance.

      Comment


      • #4
        Yes your witness statement would be the best place for you to cover off any factual issues you have with the grounds of resistance (GoR) and where you can prove this against your supporting documents reference to those as well.
        If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

        I do my best to provide good practical advice, however I do so without liability.
        If you have any doubts then do please seek professional legal advice.


        You can’t always stop the waves but you can learn to surf.

        You are braver than you believe, smarter than you think and stronger than you seem.



        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        Comment


        • #5
          Thank you so much for the advice. I have been searching for any guidance for such a long time and even the local citizens advice doesn't have anyone who deals with employment law advice.
          Thank you again.

          Comment


          • #6
            You are welcome. If you have any more questions then please just come back to this thread.
            If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

            I do my best to provide good practical advice, however I do so without liability.
            If you have any doubts then do please seek professional legal advice.


            You can’t always stop the waves but you can learn to surf.

            You are braver than you believe, smarter than you think and stronger than you seem.



            If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

            Comment


            • #7
              If a CMO has an exchange statements date by the 12th May, for example, does that mean that the statements must be exchanged before or on the 12th May. These small nuances are very confusing to a litigant in person.
              Also, does the Respondent have to comply with the dates given or is there a certain amount of time for compliance.
              Thanks once again

              Comment


              • #8
                So if the CMO states the witness statement exchange date is 12 May i.e. tomorrow then that is the date to exchange statements. Both parties have to comply unless there is an agreement between them to delay, so long as the extended date still allows enough time to prepare for the hearing.

                If you are concerned the respondent is not going to exchange tomorrow it may be worth emailing them in the morning to confirm you are ready to exchange (assuming you are) and ask for confirmation that the respondent is as well.
                If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

                I do my best to provide good practical advice, however I do so without liability.
                If you have any doubts then do please seek professional legal advice.


                You can’t always stop the waves but you can learn to surf.

                You are braver than you believe, smarter than you think and stronger than you seem.



                If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                Comment

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