Application for better Particulars on the respondents ET3

[Benny8902]

Forgot, see for the one which quotes disability law, as that's partially connected to a claim I raised.

Would it be appropriate for me to comment to the judge that it should be taken into account only for constructive knowledge element until a final hearing as it has much more context to it and is directly connected to a claim and it wouldn't appropriate to delve much into it until a later stage if necessary based on the outcome of this upcoming hearing.

I have sent in a message what the claim is for reference.

[ULA]

I suggest you only use the extract from that 16 page grievance that is relevant to the claim you are making, otherwise you maybe find yourself being critised by the either the Judge or the respondent.

The content of the bundle needs to carry on after the index page so how best your IT set up can manage that is something I cannot really advise on. The bundle needs to be paginated to the number you place in the index page. So best advice is get the bundle put together, double check it has all the documents, paginate, add in the page numbers on the index page and then finally converted to PDF.

In respect of the document you PM'd to me yesterday, this seems to relate to issues you had regarding having to continually request, from the respondent, reasonable adjustments during an interview process over the course of several weeks and is an extract from a much longer document. What you have to consider is does it help you prove your case alongside the other documents you are including for this section of the bundle i.e. Constructive Knowledge. If you feel that it adds to this then, consider doing so on the basis that you needed to request reasonable adjustment to ensure that you were not unfavourably treated during the process of having to attend various interviews.

Again, I would urge you to really keep this bundle focused on the two parts, relevant documents or ones that really do make the point are better than lots of documents that do not "hit home" the points you need to ensure are from your evidence proven. These are:

1. Your medical condition is a disability as defined by the EqA 2010.
2. The respondent had knowledge of or could reasonably be expected to have knowledge of your disability.

[Benny8902]

I suggest you only use the extract from that 16 page grievance that is relevant to the claim you are making, otherwise you maybe find yourself being critised by the either the Judge or the respondent.

The content of the bundle needs to carry on after the index page so how best your IT set up can manage that is something I cannot really advise on. The bundle needs to be paginated to the number you place in the index page. So best advice is get the bundle put together, double check it has all the documents, paginate, add in the page numbers on the index page and then finally converted to PDF.

Again, I would urge you to really keep this bundle focused on the two parts, relevant documents or ones that really do make the point are better than lots of documents that do not "hit home" the points you need to ensure are from your evidence proven. These are:

1. Your medical condition is a disability as defined by the EqA 2010.
2. The respondent had knowledge of or could reasonably be expected to have knowledge of your disability.

thank you ula. For case law should i provide copies of those? Or a link for the judge based on the ones conrained in grievances?

[Benny8902]

The reason I sent that document is it was more I wanted to make sure that using that statement on 27th September won't be taken into a full context only the part of disability law, as the rest is tied into a claim and as this isn't final hearing I don't want to argue matters which are not appropriate at this hearing

[ULA]

I would really limit your references to case law, a Judge does not want to be bombarded with lots of other judgements. Where you believe it is necessary all you need to do is reference the case and the relevant section in the judgement.

It is very difficult (although I try my best) for me to review parts of documents that you send to me via PM and determine whether you should include them or not, given that I do not have knowledge of the full detail of all the documents you are relying on to support the claims you are making.

All I can advise you, given my review of the preliminary hearing notes and what will be determined at the next hearing, for which you are required to lodge documents, is suggest what specifically will assist you to prove your disability status and how to present this.

It seems that maybe the area causing you the biggest concern in putting the documents together is Constructive Knowledge. So some questions to consider that may help you pull out the specific and relevant documents from the bigger bundle that you have:

1. Did you ever tell your employer you had a disability, if so when and was that documented? If so, that needs to in this mini bundle.
2. Medical / OH evidence may also provide support and information on your disability which was provided to your ex employer.
3. If the above points do not explicitly talk about disability, then was their enough information for there to be a reasonable expectation the respondent had knowledge of your disability. If so those supporting documents should be in the bundle. Recognition that reasonable adjustments were required, at least point to the fact the respondent was considering that you may have a disability, so therefore had knowledge of your condition, although for them they may not have been given all the evidence at that time.

I hope this helps.

[Benny8902]

Working on my bundle, should I also include anything to do with my disagreement on points across the OH report? Same as before just copy the part I need to a new document, as no need to include 30 other pages which are not relevant and then explain to judge on day why I done this etc

[ULA]

You need to include the OH report as that is relevant to the claim and I presume to assist in your medical proof of disability.

Not sure what you mean about your disagreement on the OH report. The report is the report. What is your disagreement to the report going to prove in terms of the two areas of evidence you need to focus in on the bundle.

Can you also give me an estimate of how many pages this bundle is likely to be?

[Benny8902]

You need to include the OH report as that is relevant to the claim and I presume to assist in your medical proof of disability.

Not sure what you mean about your disagreement on the OH report. The report is the report. What is your disagreement to the report going to prove in terms of the two areas of evidence you need to focus in on the bundle.

Can you also give me an estimate of how many pages this bundle is likely to be?

I see your point about the report.

The bundle won't be more than 20 pages, i have cut down everything which is not relevant to the 2 points which I need to prove.

[ULA]

Thank you

[Benny8902]

Hi ULA I have completed my bundle now.

I just want to be absolute even though I submitted my impact statement as ordered to do so months ago, updating it won't have any negative effect on me?

I imagine I might be questioned on why but I have no idea how to explain why

[ULA]

My suggestion would be that you add updates as an addendum to the original impact statement, which ideally should have been dated. The updates should only be about impacts that have become identified since the original statement and this new section again dated.

[Benny8902]

My suggestion would be that you add updates as an addendum to the original impact statement, which ideally should have been dated. The updates should only be about impacts that have become identified since the original statement and this new section again dated.

Thank you.

I have received what the respondent wants to rely upon for the upcoming hearing. Their is documents which have no relevance to the upcoming matter - so I objected in my email to them on these documents. What else should I do as they serve no purpose on the central issue of disability

[ULA]

My post #102 was in response to your previous post and you saying "I just want to be absolute even though I submitted my impact statement as ordered to do so months ago, updating it won't have any negative effect on me?"

If the documents the respondent has provided are what they want to rely on that is up to them. If you believe they are not relevant to the issue of disability then you need to be preparing to deal with their relevance to the issue of disability at the hearing.

[Benny8902]

My post #102 was in response to your previous post and you saying "I just want to be absolute even though I submitted my impact statement as ordered to do so months ago, updating it won't have any negative effect on me?"

If the documents the respondent has provided are what they want to rely on that is up to them. If you believe they are not relevant to the issue of disability then you need to be preparing to deal with their relevance to the issue of disability at the hearing.

So could I produce evidence which shows the cherry picking they done for the issue as I said within the message? Basically anything which undermines them, and I could now produce voice recordings etc (For voice recording should I cut it down to the specific issue that I need? Instead of providing hours of unnecessary information)

[ULA]

From what I can see of the unredacted version of the PH notes then you are being asked to prove disability status and those are the documents that you have been asked to provide in advance of the hearing.

If you want to discredit the documents the respondent appears to be presenting at the hearing with evidence of your own then have them with you at the hearing to use if necessary. However they are not what you have been asked by the Judge to provide in advance of the hearing.

That said it is your tribunal claim to conduct how you want to, we on the forum can only provide our best advice, from our experience and given we are only seeing one side of the litigation. If you want to include your evidence discrediting their documents alongside your evidence of disability status in advance of the hearing then limit it only to what they are relying on in that hearing.