Disability discrimination claim

[Benben12]

Hi all. I have a couple of questions that I need help with.

I have submitted et1 and have received et3.

I have a grievance appeal hearing soon. What is ur opinion in terms of going all in with all the evidence and facts or do I hold some for later on. Many thanks

[Retromau5]

Hello, probably going to have to explain you're situation a little (a general outline will do) for someone to be able to advise on this. There are some very knowledgeable people here who can assist you, but they may lack psychic abilities.

[ULA]

I am guessing from the title of the thread your ET1 is a disability discrimination claim against your employer that you are still employed with.

Did your employer engage at all in the Early Conciliation (EC) process?

Is your grievance appeal related to your claim?

If so, timescales and sequence of events in terms of both processes would be helpful I.e. when did you raise your grievance and what for, when was it heard, when did you appeal and then when did you submit EC and then the ET1?

If not related what was your grievance for, what was the outcome and why the appeal?

Many thanks

[Benben12]

Hi. Thank you for responding.

Last act of discrimination was end of february.
Informal grievance regarding discrimination submitted in March 24.
After the informal grievance outcome i submitted a formal grievance which had hearing in June.
I submitted acas reconciliation within the required 3 months time limit from the last discrimatory act altho I believe the discrimination is still continuing in some aspects.
Acas certificate received and submitted et1 within the 1 month requirement.

i have had a et3 response defending all the claim i have made. Some parts even mention that anything that's happened prior to 14th of feb 24 are out of date and should be struck out. Et3 received after chassing it up, apparently judge hasnt had time to see et3 yet.

Employer didn't want to speak to acas and used the excuse that they wanted to use internal grievance process first. I appealed the pathetic outcome and waiting for an appeal hearing date. Employer wants the evidence and statements before hearing. They really want those as they keep chasing them.

The Grievance policy states 7 days before the hearing to exchange documents.

I'm curious to try understand why do they want them so much?

the case in my belief is very strong backed with evidence.

my et1 I believe was quite poorly written but I can't change that. I rushed to fill that in as I panicked after acas advised to fill it in and not be out of time.

[Benben12]

Oh forgot to mention, theres a preliminary hearing set up for November.

Another question I have is that I wrote a brief description what happened on the et1 and selected discrimination. Can I add more as in indirect discrimination and harrasement to the claim. Would the preliminary hearing resolve some of the issues with the claim.

I'm representing myself, employer has a lawer

[ULA]

I'll try to cover off each point.

1. If the grievance policy states that you need to provide the documents 7 days before the hearing, which I presume are those you want to support your appeal, then send them to you employer at the appointed time and state that this in in accordance with what is set out in the company grievance policy.
There is no point in me speculating as to why your employer is chasing you for these earlier than the date of your appeal meeting.

2. In terms of the preliminary hearing, have you been asked to complete a Case Management Agenda? In which case you can set out the issues that need to be decided on in section 4 of the document which can included the extra claims you would like to be considered as part of the discrimination claim. It will then be up to the judge to decide.

The fact that you are a litigant in person and your employer has a lawyer happens in the majority of employment tribunal.

[Benben12]

Hi. Thank you for the response. I believe the reason for the appeal chair asking me for the evidence before appeal hearing is because the formal grievance wasn't investigated at all. HR and the grievance hearing manager just tried to minimise admissions and gave me a response that I don't actually understand and is contradictory. When I asked to clarify their response they got defensive and told me they will clarify the outcome in the appeal hearing , if I choose to appeal their decisions. I have since asked for the formal stage investigation notes/statements and haven't received acknowledgement at all.

I haven't received anything from the court regarding case management agenda, infact even the respondents et3 i received on an email after chassing it up with courts admin.

Do you think I should email court and ask or be patient and wait?

Preliminary hearing is in November

[ULA]

As you will find out, depending on which Tribunal Court you are dealing with, some are very backlogged.

I have uploaded a Case Management Agenda that you can be looking through in anticipation of you receiving one nearer the time of hearing date in Nov.

[Benben12]

Hi. Thank you for the forms. That's very helpful and I can work on those prior to preliminary hearing. Im still waiting for the grievance hearing after giving the reasons for appealing the formal outcome. Employer had cleanrly breached alot of policies and I have pointed them out with my reasoning. I guess now they need more time to come up with a way forward for themselves and how to dismiss my points. Apparently they need time to make appeal hearing as useful and helpful to me?? Not sure how to take that.

Things have gotten alot worse in the mean time with lower management with a complete breakdown of working relations, thinking of handing in my notice now.

[ULA]

Do you have another job to go to?

Can you afford not have an income until you do get another job?

ThIngs to consider before you do make that decision as if you arre thinking to resign and claim constructive unfair dismissal then there is a process you should follow first. You also need to be very sure you could prove such a claim and it would require an application to the Tribunal to add this to your existing claim