Respondents legal rep

[Dave2508]

Hi

Have have a question regarding the respondents legal rep.
Dose the legal rep form the respondents case based on information supplied by the respondent or would they have a more detailed look.

[atticus]

Usually it isthe former. I guess you have a reason for asking: would you care to share?

Generally it is not the messenger that you need to shoot.

[Dave2508]

Well some of the responses contradict them selves. It doesn't feel like a legal rep. Also some of the claims have documents to back them issued by the respondent. So couldn't see a legal rep rebutting them if they knew the docs existed. I think there's damage control going on behind the scenes.

[Dave2508]

Hi
I am currently supporting a claim through the tribunal system. The respondent has sent back their response to our claim which is unfair dismissal and disability discrimination.
In their response they make a big deal about how bad the claimant was. Things like complaints here and there over the years.Concerns about this and that but no dates or mentions of investigations or outcomes disciplinaries.
Given that the claimant had a sound employment record with the respondent and no disciplinary issues.
How much attention should we pay to this given the nature of the claim. I intend to ask for more details but just how would what i see as deflection be relevant at the hearing.

[Benny8902]

Hi
I am currently supporting a claim through the tribunal system. The respondent has sent back their response to our claim which is unfair dismissal and disability discrimination.
In their response they make a big deal about how bad the claimant was. Things like complaints here and there over the years.Concerns about this and that but no dates or mentions of investigations or outcomes disciplinaries.
Given that the claimant had a sound employment record with the respondent and no disciplinary issues.
How much attention should we pay to this given the nature of the claim. I intend to ask for more details but just how would what i see as deflection be relevant at the hearing.

ET3 are almost always full of a pack of lies anyway. I wouldnt worry about it much - they will always try and make the Claimant look bad - when it comes down to it they won't produce any evidence and then you have the opportunity to really "nail" them in witness statements, cross examination etc

[ULA]

Dave2508 at the moment what needs to be the focus of the claimant is putting together the documentation that supports the claims they are making. How the respondent decides to defend the claim is down to them however, if they are not doing so in the way the rebuts the claims it may be an possible issue for them going forward.

It would be really useful to know at what stage you are in the process just so that I can understand what will be the next steps.

[Dave2508]

Hi
There is a date for the full hearing in sept 2024. We are waiting for a date for a second PH. I am in the process of gathering evidence from a large amount of documentation and emails which the claimant has.

[ULA]

Is the PH to discuss a specific aspect of the claim and have you been asked to prepare anything for this?

[Dave2508]

The PH is to discuss the perticulars of the claim as the respondent asked for better details. It's being done as a hearing as an adjustment for the claimant.

[ULA]

My suggestion would be although you are preparing the documents / evidence for the final hearing that is a few months away.

In the meantime there is a PH for which the claimant is needing to set out more comprehensively the details of the claim with evidence. This needs to be the prime focus, as without that, the Judge at the PH could determine to strike out part of, or the whole of, the claim.

[Dave2508]

I don't think they have asked for evidence of such more just dates of events and what reasonable adjustments should have been made.

[ULA]

You will need to check on what has been asked for. At the very least I suggest you prepare this evidence in chronological order and if you do have any supporting documentation as evidence then have that to hand too.

[Dave2508]

Hi thanks i will do that.

I have run into a question regarding reasonable adjustment that was asked for but was refused as it was deemed unnecessary.
The adjustment in question was that a FFP3 face mask should be issues rather than the standard surgical mask. This was requested by a respiratory consultant who was actively treating the claimant at a clinic. The claimant has a raspatory condition that is covered by the equality act she also has a compromised immune system.
Occupational health thought the mask unnecessary. infection control carried out an assessment without the claimant and said it was unnecessary. So the manager said no to the mask.
The claimant was housed in an office connected to a clinical area were infected patients were treated. This is the only area of it kind for a large hospital so a lot of patients passed through.
So my thought on this is that the adjustment should have been made given that the adjustment was small low cost and would not effect anyone else. The masks are available in stock and there was still risk to the claimant of infection. Other staff in non clinical roles were allowed to use them in other areas.

[ULA]

The claimant will need to argue that it was a reasonable adjustment, given that their respiratory consultant recommended it and the cost of doing so was of low value to the employer. The case has to be made that the consultant, whose care the claimant was under, would have better knowledge of what suitable adjustment/s were needed for the environment they were working in than OH and infection control, who assessed the situation without any consultation with the claimant.

[Dave2508]

Thanks that's kind of how i thought it would be.

I have found another example of discrimination in the paperwork were an offer to work from home was made during covid but then withdrawn when an adjustment was asked for by the Union. It was for one to one training rather than in a big class.. To be clear the claimant has dyslexia also over the compromised immune system. The request was to support her dyslexia as well as protecting her from infection. I think this could be argued.