In Scotland. Looking for advice re hearing

[Sunny23]

Thank you for the reply. It was really helpful.

The hearing is online.

I will prepare a condensed statement so that I don't waffle.

I already have the bundle for the full hearing so no documents will have to be produced.

Should the respondents produce their offer in advance? I am presuming that they are going to make an offer.

[ULA]

Neither party needs to produce an offer in advance of the mediation although they do have your SoL.

The aim of mediation is to try to get to a settlement so both parties need to approach it with an "open mind".

[Sunny23]

Hi
Thank you for the advice.

Another question

During this process I have discovered

1. My employer has broken data protection laws both by not informing me, or the ICO, of a serious data breach and failing to provide a full disclosure following my SAR request,

2. Broken health and safety law,

3. Lied to other agencies

4. Added a lot of documents to the bundle that were not produced as part of my SAR response.

They also lied on the ET3 and stated that their defence would be based on, what I know are, documents that don't exist.

Do I bring this up at the beginning of the mediation so that they know that if they don't offer a reasonable settlement then this will be exposed at tribunal?

To be honest I am not sure if I want to settle. Part of me wants to go to tribunal so that I can expose all they have done. But the danger is that I am less Perry Mason and more SpongeBob as I turn into a blubbering wreck.

Thanks

[ULA]

I need to bring you back to the matter in hand which is your claim for disability discrimination and unfair dismissal. Other wrong doings by your employer that do not support your claim are irrelevant in this context.

If there are issues involving data breaches or other agencies then you need to consider reporting to the relevant organisation and let them investigate.

Parties are expected to go into JM with a view to settlement and should therefore be open minded. Having your day/s in a Tribunal to prove some points about your employer still leaves you with 3 possible outcomes:

1. You are awarded more than you may have settled for.
2. You may be awarded less than a settlement could have been reached for.
3. You do not win your claim and get nothing.

So seriously consider a settlement figure you would be prepared to agree to in JM and if you get to it or near it then you need to weigh that up against points 2 and 3 above.

[Sunny23]

Thanks.

You are right. I have a lot of thinking to do.

[Sunny23]

Hi.

I'm back again

I have received a copy of an email sent to the tribunal asking them to order me to provide my full medical notes for an 18 month period to the respondents solicitor.

They have already accepted that I am disabled and stated that they have lots of medical reports covering this period.

Will I have to agree to this? This period covers an extremely traumatic time in my life and I told my Dr things I have told nobody else. The thought of my previous employer and his solicitors trawling through it and trying to use it against me is devastating.

Any advice to help me refuse this?

[Benny8902]

Hi.

I'm back again

I have received a copy of an email sent to the tribunal asking them to order me to provide my full medical notes for an 18 month period to the respondents solicitor.

They have already accepted that I am disabled and stated that they have lots of medical reports covering this period.

Will I have to agree to this? This period covers an extremely traumatic time in my life and I told my Dr things I have told nobody else. The thought of my previous employer and his solicitors trawling through it and trying to use it against me is devastating.

Any advice to help me refuse this?

I am in Scotland I have a little experience with this. ULA might have more advice as this is tricky.

Are those issues which date back 18 months relevant to your disability? If not then it's time to start invoking some ECHR, and even go down the route of an RRO, be prepared for a fight.

As it will fall down to the Respondent using "If we can't see it, we don't know if it's relevant" I had this pulled on me recently in ET. I made a strong arguement and point blank refused as I took the view that I am in an ET to argue about (x) not to argue about (y) and that (y) is not connected to (x) as they are not connected in any form. And I wouldn't release anything unless it directly relates towards (x).

Though this might not apply in your situation if those issues going back 18 months are connected in any form to the issue of your current disability.

[FlamingJayne]

Hi

I'll firstly say that I am not legally trained or qualified, so the brilliant moderators here will advise properly. But I am going through the same with my former employer (disability discrimination and constructive/unlawful dismissal), although I am fortunate enough to have full representation funded by my union. I spend copious amount of time researching the law around all of this so that I feel able to understand matters. I follow this forum every day, it is also really helping me through all I can describe as being a hugely stressful process which retraumatised me, but I am in steady recovery.

So, one of my disabilities is Complex PTSD. I became very anxious about how much I would have to share with the medical disclosure for my case. I researched it to the far end of everything. I am familiar with medical disclosures being protected by Caldicott Principles (in Scotland too). It's worth looking at them, particularly the 'need to know' aspect of them. Also, without knowing details of what has been requested, but 'medical records/notes' can mean a summary report, as within the 'need to know' element patient confidence can be protected. They can also be redacted, which is worth bearing in mind. I didn't need to disclose full detailed notes thankfully, but knowing all of this gave me reassurance. Good luck.

[Sunny23]

Thank you both. I have replied stating that I will not voluntarily provide my medical records as I don't feel that it is justified. I will see what they order me to do.

[Sunny23]

Hi

The tribunal refused to order me to disclose my medical records.

When looking through the evidence bundle the respondent solicitors provided, I have discovered medical reports. These reports were only in my employers hands as they were to be passed to their OH doctor, not to be retained by them.

They also didn't disclose that they held them in the SAR response.

I am quite devastated. The reports themselves do not harm me (I have always told the truth). But I feel so vulnerable that these people seem to be able to do whatever they please. I thought medical reports were sacrosanct. I now have no idea who has seen them.

The bundles are out there now. What do I do?

I presume I can sue for the data breach and lodge a complaint about the solicitor but that is cold comfort just now.

[FlamingJayne]

Hi Sunny

Again - I'm not law-trained or a lawyer, merely a claimant who has researched everything to the nth degree so I feel I know what my rights are (with the advice and guidance of my representative; I could never self-represent and admire the strength in everyone who does so).
I completely get what you are feeling; I recall the vulnerability I felt when sharing my medical reports - but this was with my consent and they did not detail the more explicit elements of where my trauma came from. I'm thinking that they could have breached here, wasn't sure if it would be the respondent for making them available for the bundle without your consent, the solicitor for doing on their behalf, or both of them. I am aware of GDPR and the Access to Medical Records Act. I would also think about contacting the Tribunal to flag it and complain; if they don't add anything then could they be removed? Again, I'm no lawyer, the fab moderators will keep you right. Good luck.

[Sunny23]

Hi

The tribunal starts on Monday and so the reports are already out there .
I will bring it to the panel's attention first thing but realistically I suspect it won't make any difference.
I just can't wait for it all to be over.

[FlamingJayne]

Well if I understand the process correctly I believe that they need time to read things before they do anything else. It would not hurt to raise it from the start-off, I imagine that a clerk will be on hand/they might introduce themselves and give you chance to ask/raise anything. The moderators I am sure will probably have more constructive advice than I do. Good luck.

[Sunny23]

I'm back again

Does anyone know why an employer would record a period of sickness absence with an incorrect cause?

Just getting ready for the tribunal tomorrow and noticed that a long period of absence caused by my disability (and noted on my fit note correctly) has been coded as absence due to depression.

I can prove it's wrong, so that's not the issue but what would be the benefit to my employer in doing this?

Should I raise it?

[ULA]

They should record sickness absence accurately otherwise it is difficult to spot trends of why staff are off.

That said sone computerised HR, if your comoany has one, may only have limited selections of absence and it could be they have recorded your absence to the nearest related code.