Application for better Particulars on the respondents ET3

[Benny8902]

ULA Hey. So I got there Agenda fully. However they have made a "demand" for better particulars for a s.15 of the EqA. Stating tbe "something" was not provided.

After taking case law, and guidance across the Internet, they are wrong I have specifically detailed the "something" albeit without the word "something". They have enough information to know the basis of the claim (ie; the grievances where very strong and cited case law to support my position)


So my question is how can I resist an application for Better Particulars seem like an abuse of process designed to mitigate this specific claim which is the strongest based on evidence.

I planned on saying something along the lines of below, as this would apply to Scottish ETs if I am not incorrect? Sorry if reads wrong but I wrote it out as if I am talking in the 3rd person....

"
Madam,
In resisting the application for better particulars, it is pertinent to highlight the critical guidance provided in the case of Liverpool NHS-v-Poullis [2022] EAT 9 (HHJ Taylor), which underscores the importance of collaboration between parties and the tribunal in accordance with the overriding objective. This guidance emphasizes the necessity of focusing on the core issues from the outset and avoiding excessive interlocutory complications that do not advance the fair and efficient resolution of the case.

Drawing from this guidance, it is apparent that the request for further and better particulars in the present case risks leading us away from the overriding objective by potentially expanding the case beyond its core issues. The detailed submission under point (2) clearly identifies the "something" arising as a consequence of the disability, in line with Section 15 of the Equality Act 2010, and demonstrates a direct link between the claimant's disability and the unfavourable treatment experienced during the "certain" process."


Any guidance would be appreciated on how to resist this? They basically haven't made an order they have just "requested" it to happen, and I don't feel it necessary as they have more than enough infotmation.

[ULA]

Have they made this request within the Case Management Agenda that each party needs to provide to the other and the Tribunal in advance of the PH? In which case it does not appear they are making an application to the Tribunal at this stage for which you want to put in an objection. It seems more likely that they want to bring this into the PH for the judge to make a judgement / order on.

If I have completely misunderstood then let me know.

[Benny8902]

Have they made this request within the Case Management Agenda that each party needs to provide to the other and the Tribunal in advance of the PH? In which case it does not appear they are making an application to the Tribunal at this stage for which you want to put in an objection. It seems more likely that they want to bring this into the PH for the judge to make a judgement / order on.

If I have completely misunderstood then let me know.

I sent you a pm

[atticus]

I have received a pm from the OP. This is surprising as I have not contributed to this thread.

As stated in my signature, I do not advise by PM.

[Benny8902]

Hi ULA

So I've come to the next stage where I need some sort of template for the next document I am due to provide. Schedule of Loss.


On UC (Universal Credit) with regular appointments due to 'clinical' nature of the depression.


i cant seem to find anything which covers what I am after,

The repayment of the UC, Whistleblowing (Detriment - no dismissal) Injury to Feelings (Discrimination) and Whistleblowing

Have you any template for this?

Thank you

[Benny8902]

Sorry for making new thread as well. Have report to staff to have that removed. Will keep to this thread

[ULA]

I am presuming, although you have not explicitly said, you are still working at the respondent company. If that is correct, then the Tribunal can award you:

• Any financial loss you have suffered as a result of the detriment e.g. if you have been denied a promotion and therefore lost out on an increase in pay, you would calculate this as if it were a loss of earnings.
• ‘Injury to feelings.’ This is compensation for non-financial detriment that you have suffered because of your employer’s treatment, such as stress, fear, anxiety, humiliation and/or depression. For the calculation of this you would use the Vento bands

You mention UC what do you want to claim back on that?

[Benny8902]

I am presuming, although you have not explicitly said, you are still working at the respondent company. If that is correct, then the Tribunal can award you:

• Any financial loss you have suffered as a result of the detriment e.g. if you have been denied a promotion and therefore lost out on an increase in pay, you would calculate this as if it were a loss of earnings.
• ‘Injury to feelings.’ This is compensation for non-financial detriment that you have suffered because of your employer’s treatment, such as stress, fear, anxiety, humiliation and/or depression. For the calculation of this you would use the Vento bands

You mention UC what do you want to claim back on that?

Hey will clarify,

Currently I no longer work for the respondent. This ties into my Victimization around me losing my job. I have under 2 years service, so I never bought a claim for "automatically unfair dismissal" or anything along those lines. Only victimised for doing a several protected acts under the EqA, which resulted in employment loss due to non renewal of contract.


i have been visiting my GP regularly due to 'Clinical' nature of medical conditions. Which has resulted in me claiming Universal Credit (Respondent to show I haven't mitigated my loss, so they are free to argue this but won't be easy)


So for my Schedule of Loss, I was looking at 'Injury to feelings' (middle band - high end of scale) and then I would assume as you say 'Financial loss' I have suffered from going from earning closs to £2,000 per month to £300 per month. And the financial loss would be the whistleblowing compensation?


I assume even though Victimization doesn't require "disability status" can still be tied into 'injury to feelings'?


Are there any professional templates like the unfair dismissal ones that are on this forum but for the above?


And then I have my ACAS uplift which I put at 2% as it was only a small issue.

I do have a recommendation but that part is easy to put into words.

Figure I said to tribunal in PH Agenda was £75,000 all in.

[Benny8902]

Or should I be including the detriment for whistleblowing in say my Injury to feelings as well?


So would have 2 elements the discrimination as a figure and then the whistleblowing detriment as a figure?

[ULA]

Regardless of what else you are trying to claim I am would like to make sure I am 100% clear. So please confirm whether you were dismissed but you did not have 2 years service? OR Did you resign and if so on what basis?

These are relevant questions in respect of the Schedule of Loss (SoL) that you provide and for which you want assistance form the forum on.

[Benny8902]

Regardless of what else you are trying to claim I am would like to make sure I am 100% clear. So please confirm whether you were dismissed but you did not have 2 years service? OR Did you resign and if so on what basis?

These are relevant questions in respect of the Schedule of Loss (SoL) that you provide and for which you want assistance form the forum on.

So, I worked their for 1 year and 9 months.

Fixed term employee extended 4 times, Contract of employment was not renewed. No resignation.

Which I filed a claim as s.27 under the EqA 2010

[ULA]

I have uploaded a template SoL which includes injury to feeling with reference to Vento bands. You may be able to use this by taking out the parts not relevant to your claim.

[Benny8902]

Thank you ULA I have managed to complete my Schedule of Loss.


Forgot one question when completing a 'Mitigation of Loss' should I also include any MED3 documents with it, or should that just include the the relevant periods of being "signed off as unfit to work"?

[ULA]

Are you currently signed off work so that you are unable to look for work. If so I suggest that you include them as evidence as to why you have not mitigated any losses.

[Benny8902]

Thanks ULA


All was submitted.

Though one point I have noticed, which seems to be a common theme from research the Tribunal accepted there amended grounds of resistance, and through this they still don't plead the facts as they are.

Everything was done through email and written communication, and they've painted a narrative of misleading facts which is not accurate to the facts which are in written communication through email.

For example, the tribunal asked them to detail certain aspects on Whistleblowing, and per sections 43A to 43B they've had a flagrant disregard for the law.

I suppose they are doing this to expand the scope of their argument or something else?


Frustrating to say the least.