Disability discrimination - currently filling in ET1

[ULA]

"So, it seems like the Respondent is just wanting the PH to say let's come back for a PPH or, they are wanting me to be unprepared!"

That may well be the outcome given that a strike out application has been made, which under Rule 54(2) is a criteria for it be a public PH.

I would not even want to guess as to what is in the mind of the respondent, unless for them the hurdle they want to get through is whether or not the strike out is accepted. From that it will then be clear what the issues are from their perspective.

Either way for you to consider the points covered in the CMO from your perspective will be good "ground work" to organising your thoughts around the various sections covered, so it will not be wasted work even if it does not get used in the upcoming PH.

[n20998]

Thanks Ula. Would you suggest trying to get a ‘full’ agenda agreed for the first PH or stick with the version that is focused on the strike out application and work on my detailed version in the background?

Your thoughts have been really helpful and just to add really appreciated too. Thank you.

[ULA]

Is there any further direction from the ET on the PH referred to in your post #11?

[n20998]

With the original PH invite I got the lines below as part of the letter.

At the hearing, an Employment Judge will discuss the claim and response. The Judge will make orders to prepare the claim for a hearing and will fix a date for the next hearing.

The hearing has been allocated 90 minutes.

Following this, and the application for strike out and my response, I got the instruction in post 11, nothing else.

[ULA]

Thank you for that information.

So a 90 minute hearing is very short on time so it will concentrate on the judge ensuring there is a good understanding of the respective claim and response. The Orders will be what become the Case Management Order for the progress to final hearing. Make consideration of whether the strike out application should be heard as a public PH and set a date for any next hearing.

Once the above has all been gotten through there will be little time for anything else.

It is only my suggestion but work on the full version and have it to hand for this upcoming hearing if you need it just in case.

[n20998]

Time for an update. I’m plodding along through the process, I feel like I’m doing quite well. PH complete and the claim was not struck out. We’ve got dates in place for the final heading and steps towards that, and I’m very happy with the list of issues. Currently at disclosure…

Disclosure has been a struggle. I feel that R has done half of their job, and I’m having to constantly push to get them to share what they have for standard disclosure. They’ve claimed docs don’t exist, aren’t needed, can’t be found, and all the little tricks.

I have a couple of questions

1. Can I include correspondence between myself and R’s solicitor in my disclosure and for the bundle? I’m suggesting their conduct has been poor in disclosure, and earlier in the process where they tried to dissuade me from replying to their strike out claim. Further, I’ve asked for specific documents, and where they’ve said they don’t exist, I would like the Tribunal to know that (whether or not they do actually exist).

Or do I need to document this all as part of a specific disclosure request? I’m not actually sure I need to make one, as I’ve got most of what I wanted although it’s taken a lot of effort (and I’m still waiting for a few things…).


2. R has conceded disability, from a date I’m happy with. Do I need to produce a disability impact statement? It wasn’t mentioned at PH. I feel I can get across what I want about disability in my witness statement but don’t want to feel like I’ve missed an opportunity to hit the points again.

[ULA]

In response to your questions:

1. Is the correspondence between you and the respondent's solicitor relevant to your claim? Disclosure documents for the final hearing are all about the claim either related to proving or defencing the claim. What you can do is make a specific disclosure request. Set up a table listing the documents that are in question and that you wish to be disclosed, and the reason why you want them disclosed by the respondent, in the next column and then send that to them giving a deadline by which to provide them. In the table I would add a couple of columns headed Date Respondent Provided and Not Provided by Respondent with Reason as ask them to complete and return with the documents they are providing. Then you can include this in the bundle to make your point. This is then clearly set out if there are still documents not disclosed.

2. I would advise that anyone claiming disability discrimination provides an impact statement alongside their witness statement. I have attached a document to assist with the structure of an impact statement.

[n20998]

Ula that is really helpful thank you.

Just on your point, is the correspondence relevant to the claim? No, it’s not. I think I’m over-worrying about missing something out and not being able to refer to it later.

[ULA]

If it is not relevant to your claim/s and/or you are not going to refer to it as part of your witness statement, which sets out the details proving your claim/s, then it should.not be included.

ET judges do not appreciate bundles with documents not relevant or referred to during the hearing.

[n20998]

I'm now at the stage of judicial mediation and I need to write a statements of expectations. I'm finding it quite difficult to find guidance on this apart from that it's quiet broad and people do them differently. The main steer from the tribunal is that it's 1-2 pages. Any thoughts on the questions below would be great.

1. Do I need to justify things in this document? For example I've pitched Injury to feelings towards the top end of mid-Vento. Do I need to explain why I think that's the correct level?
2. Do I need to explicit about settlement figures I'd be happy with? For example do I need to say I'd be happy with 30-50% of the up to date SoL?
3. Are things like 'a letter of apology' and an agreed set of words for a reference appropriate or are these things that a large public sector organisation be unwilling or unable to do?
4. Finally I just wonder if I should be talking about the strength of the case? For example, I think unfair dismissal is really strong because ... but I appreciate the discrimination claims are more marginal due to .... .

Any other thoughts or a suggested structure would be brilliantly helpful.

Thank you.

[ULA]

Just in general to prepare you for Judicial Mediation (JM) let me set out the following which may answer your questions in its detail.

A Statement of Expectations (SoE) is a short (1-2 pages) which summarises what you hope to achieve from the mediation process and what you would consider to be an acceptable outcome. It is not a legal pleading or a formal submission it is there for the mediator, who will be a Judge, to understand your aims and priorities. It is also aimed at encouraging a constructive approach to the mediation so think about tone an approach to what you are setting out.

What you should consider including in your desires outcomes are:

1. What financial compensation are you looking for, can I suggest that you ensure your Schedule of Loss has been updated,
2. Letter of apology,
3. Agreed wording for any future reference,
4. Any other remedies you are looking for,

You do not need to include legal arguments. A bundle should be prepared by the respondent that will be available for the Judge.

Are you and the respondent being asked to exchange these documents in advance of the mediation?



Just in case you are a little unsure about the JM process as it is different to attending a hearing the following information may be useful

JM is a hearing with a neutral Employment Judge, with the aim of coming to a mutually agreeable resolution. The process is that each party will be in a separate space either via video link or two separate rooms if it is held in person and the Judge will move between the two parties. The process typically follows these steps:

1. The mediator will introduce themselves and details the mediation process. Each party will then have the opportunity to make an opening statement to the Judge, setting out their perspective on the dispute.

2. The mediator will then gather information from both parties separately to understand the underlying issues involved in the dispute. This may involve reviewing relevant documents and listening to each parties' explanations. So there will be a bundle produced specifically for the mediation.

3. The mediator will spend time with each party individually to explore their positions, concerns, and potential solutions, which is all in confidence. These sessions are aimed at allowing for open discussions and helps the mediator identify areas of common ground and areas needing further negotiation.

4. The mediator will facilitate negotiations between the parties, helping them generate options for resolution and overcoming areas that may seem unresolvable.

5. If an agreement can be reached, then the mediator will assist the parties in drafting a settlement agreement that outlines the terms and conditions of the resolution.

6. Any agreement is then reviewed and signed by all parties involved.

7. Once an agreement is reached and signed, the mediation process concludes. The mediator may provide guidance on implementing the agreement and address any follow-up actions needed to ensure compliance.

8. If agreement cannot be reached then the JM process concludes and preparations for the main hearing continues

[n20998]

Hi Ula, thank you so much that’s really helpful. Just to answer your question - yes the parties have been asked to swap statements in advance but there’s been no mention of a bundle. My plan was to write my statement and include an up to date SoL as an annex (might do them as separate docs).

[ULA]

If you are being asked to swap them then please take note of tone and approach to setting out what your expectations / outcomes are.

There is usually a bundle produced for a JM which should contain your ET1 and any Particulars of Claim, the ET3 and Grounds of Resistance and any Tribunal documents. it is not a bid bundle but is there for the Judge to know the details of the claim and defence.

I would suggest the SoE and updated SoL are two separate documents.