Disability discrimination - currently filling in ET1

[n20998]

Hi, I’m currently starting to fill in my ET1 and I’m struggling with what to include and how to structure it.

For background, I’ve been through the dismissal process, appealed, and been through EC. The claims are around disability discrimination during long term absence, failure to make reasonable adjustments and unfair dismissal. The main remedy is injury to feelings, plus unfair dismissal.

1. I’m struggling with the overall structure of the statement part of the form, so any advice would be great.

2. Is there an ideal way of structuring each point?
I’m thinking something like
- this happened
- it was bad because…
- …this law
- the impact was this.
Does that look reasonable? I understand about putting all the points under headings, I guess does that mean I don’t need to include the exact law each time, maybe if I only want to reference case law?

3. Under the remedy section, do I include everything at this stage? I’m thinking of things like interest, loss of statutory rights? I’m also planning to ask for the ACAS uplift, do I mention that at this stage?

any thoughts would be great, thank you,

[ULA]

The ET1 is the main opportunity you have to set out the full details of your claim and the relevant places to do this are sections 8 and 9 of the ET1 form. You can also supplement this with a document called a Particulars of Claim.

The detail needs to be in chronological order, setting out what happened, by whom if relevant, and whether there were any witnesses. What employment legislation is relevant to that particular incident. If you have been researching to make your claim you will know that there are potentially 6 aspects to disability discrimination, some or all of which may be relevant to your claim and you can use these as sub headings. I have set them out below:

• direct discrimination
• indirect discrimination
• discrimination arising from disability
• failure to make reasonable adjustments
• harassment
• victimisation

In terms of remedies, if you are looking for compensation then you need to complete a document known as a Schedule of Loss.

[n20998]

Thanks ULA, I’m going to try to get the basics down and I think that’ll help organise my thoughts, then start linking to the legislation.

I’m still a bit unsure about the schedule of loss, would that section include the ‘extras’ that I mention, with the calculations or would I leave that for later in the process / the judge’s discretion?

[ULA]

The Schedule of Loss (SoL) is a standard document that you should complete at the start of your claim and then you can update it nearer to the final hearing as appropriate.

[n20998]

Thanks Ula. I actually feel like I’m making some progress and able to start getting my details down. Do you have a template that’s specific for a disability discrimination claim? I’m working through your standard template but feel like I’m wanting to change the structure a bit too much to make it all fit together.

[n20998]

Hi Ula, I sent an email to the address for off forum support a couple of weeks ago and haven’t had a response. Just wondering how long that usually takes? Have I not asked an appropriate question? Do I need to get further along in the process first? Many thanks

[ULA]

n20998 I have checked in with the admin team and there has been no email received in respect of off forum advice.

Please can I suggest that you email admin@legalbeagles.info who have let me know they will keep a look out for it. Like the rest of us they are volunteers but usually respond within 48 hours.

[n20998]

ULA, thank you from the response. I’ll do that - I was emailing the other email address admin@legalbeaglesgroup.com maybe that one isn’t active?

Kind regards