Discrimination Claims

[Rks2020]

Hi ,

Found this in guidance if not for me may help others ?

The Guidance at C5 states: “The Act states that, if an impairment has had a
substantial adverse effect on a person’s ability to carry out normal day-to-day
activities but that effect ceases, the substantial effect is treated as continuing if it is
likely to recur. (In deciding whether a person has had a disability in the past, the
question is whether a substantial adverse effect has in fact recurred.) Conditions
with effects which recur only sporadically or for short periods can still qualify as
impairments for the purposes of the Act, in respect of the meaning of ‘long-term'

[ULA]

I have linked to the full guidance below for the interest of other LB users, as one section should not be taken in isolation of the whole guidance.

https://www.gov.uk/government/public...on-c-long-term

This guidance is in relation to matters to be taken into account when determining disability under the EqA 2010.

[Rks2020]

Hi ,

With reference to my last post :

"As I have already stated you can mention it but I cannot determine as to what consideration a Judge will make of the fact of a MH issue in 2008 with nothing in between until recently."

I have also found I was under medication for depression in 2013, Not sure if this at all helps my case so far that in since Oct 2023 I have been suffering from anxiety and depression to date now.
My issue being that how do I prove that this is the case other than my submissions of medical notes , psychologists, psychiatric treatments as well as NHS therapies and my witness statement, It seems it neon impossible for me to prove this myself. Respondents will continue to argue at the time of said discriminations I was not considered to be under the EqA ?

I have another question please.
Is having raised a grievance alleging unfair treatment considered a protected act if I feel that this treatment I was subjected to in my view was because I am party
to one of the 9 protected acts . I have no proof other than other employees did not and still have not been treated in the same way as I have. They do not
possess any of the protected acts.
How does one prove this other than their is material proof of the unfair process ?

Thanks for any info.

[ULA]

As set out in my post #2 you are going to need to prove that your employer had knowledge of or could reasonably have been expected to have knowledge of your disability at the time of the alleged discrimination. If you were under medication for depression in 2013 how long was the duration of this? Would it have qualified under the EqA 2010 and if so did you inform you employer or could they have been reasonably expected to know that this meant you had a disability?

In response to your question you state you raised your grievance on the basis of unfair treatment but was that treatment due to disability and what was the unfair treatment?

[Rks2020]

Hi, my sickness back years ago was for about 5 months sorry it was in 2008, for depression. Oh at the time didn't think I would be under the EqA, but then again they always say it's a legal issue, how and why would anyone go to employment tribunal just to ascertain if you come under such act if at the time you are not subjected to any detriment?

I actually believe the detriments I have been subjected to are racially motivated, though I cannot prove it other than my comparitors have not been subjected to such detriments.
I was put under a lot of preasure being asked to prove this point at cmh. I couldn't. So not sure how this will progress.

The judge will try and ascertain at what point if ant was I considered to be under the EqA if at all
He has read my impact statement, so this will be considered at preliminary hearing soon. I did request some other amendments after the CMH but so far I don't think they been acknowledged, can this be addressed at preliminary hearing?
There was some mention about a deposit order, I been told by someone that if a deposit order is required I should not bother pursuing that particular point. What's the maximi u deposit order judge can request?
I represented myself at CMH, on the advice of a barrister. I guess there are many cases if poor advice one can be given in any field.
I was not prepared and it was a disaster.

The respondent will also try and state some of my claims are out of time, we are talking about a month or 2 but I have pleaded these are all a continuum of events.
I am not confident to represent myself now, when do I need to let the court know I wish someone to do this for me?

Thanks

[ULA]

The EqA came into effect in 2010 and it would have been the Disability Discrimination Act 1995 back in 2008, however the definition of what is considered to be a disability has not changed.

To be able to determine if disability discrimination has taken place then the judge will firstly need to determine whether, under the definition of the act ,you are disabled and secondly whether your employer knew of your disability or there was a reasonable expectation that they were aware of your disability.

What amendments did you ask to be made?

A deposit order is a sum of up to a £1,000 per claim a party is required to pay if the ET believes that the claim has little reasonable prospect of success. This payment acts as a condition for continuing with the specific claim and if not paid the ET may strike out the related claim. The purpose of a deposit order is to discourage weak or meritless claims from proceeding to a full hearing, ensuring that only cases with a realistic chance of success move forward.

The ET are strict on out of time claims and it will be down to you to prove they are part of a series of events.

In terms of representation then you have the choice of:

1. Asking a friend or family member to represent you but you and they would have to feel confident in being able to do this.
2. Instruct a solicitor. You may find one that does a no win no fee but they will take a percentage of whatever you win if you were successful in your claim. However a no win no fee lawyer will only take on a claim if he there is a high probability of success.
3. Instruct a direct access barrister.

[Rks2020]

Hello,

ULA is it possible I can send you message direct as stating the answer is likely to reveal identity.

Thanks

[ULA]

Unfortunately, I do not provide advice by PM.

If you want off forum advice that will need to be via the admin team but for which a donation will be required.
The team can be contacted admin@legalbeagles.info

[Rks2020]

Hi. I have already made donation, do I need to make another?
Thanks

[ULA]

You will need to email the admin team to ask.

[Rks2020]

Hi all,

Does one need to counter argue the respondents lawyers grounds of resistance and have this added to the bundle prior to preliminary hearing together with any evidence to back up my claims?
Will the same bundle the lawyers produced at CMH be used at preliminary hearing, I am awaiting the bundle from their lawyers and not sure what I need to add to it, the court stated the following :

By ***** the claimant and respondent must agree which docs are going to be used at the hearing and an index file. The file should only include docs to which they intend to refer, either by their own evidence or by cross examining the witness ( no witnesses).

We are supposed to have agreed the content by tomorrow.

Thanks

[ULA]

In the Employment Tribunal the documents you rely on as the claimant to set out your claim are the ET1 and Particulars of Claim (PoC) and the respondent has the ET3 and Ground of Resistance (GoR) in respect of their defence. There are then the further documents that you and the respondent want to have included in the final hearing bundle to support your respective claim and defence arguments. You are not required to counter argue the GoR unless you are given leave to do so.

It is very clear that the documents to be included for the preliminary bundle need to include only those that either party will be referring to in that hearing. Typically the bundle should be put together by the respondent, particularly if they are represented.

Have you provided a list of the documents you want in the bundle in line with the directions you have had? If not then you need to let the respondent know before tomorrow, if that is the deadline for the content to be agreed.

[Rks2020]

In the Employment Tribunal the documents you rely on as the claimant to set out your claim are the ET1 and Particulars of Claim (PoC) and the respondent has the ET3 and Ground of Resistance (GoR) in respect of their defence. There are then the further documents that you and the respondent want to have included in the final hearing bundle to support your respective claim and defence arguments. You are not required to counter argue the GoR unless you are given leave to do so.

It is very clear that the documents to be included for the preliminary bundle need to include only those that either party will be referring to in that hearing. Typically the bundle should be put together by the respondent, particularly if they are represented.

Have you provided a list of the documents you want in the bundle in line with the directions you have had? If not then you need to let the respondent know before tomorrow, if that is the deadline for the content to be agreed.

Hi,

It appears all the documents in the bundle so far shown to me are the same as produced at the CMH, except the addition of amended ground of resistance.
I have agreed to receive the draft bundle next week , and to allow me to add further documents.

Can I add a skeleton argument to better explain my claim with references to any emails and also as you state defence arguments,
is there specific format I need to follow as LiP ?

My intention is to follow this structure:

Introduction: stating the main issues i.e : disability discrimination by way of not allowing reasonable adjustments.
victimisation for having done protected act.
unlawful deduction of wages
indirect sex discrimination
Failure to follow the ACAS code of conduct ( I understand this may not be a claim ?)
Summary of facts:
Provide overview of events ? ( I have already listed these in the chronology though )

legal arguments :
citing relevant laws.

Evidence:
Emails, Policy documents

Finally to explain that the detriments I had been subjected to should be looked upon as a whole series of events
and not to focus each event on its own If the there are arguments citing some are out of time ( 1-2 months ) That they are
a continuum of events.

Would the above be acceptable ?

Thanks

[ULA]

You can produce a skeleton argument which needs to be a concise document that outlines the key legal points and arguments you intend to present at the hearing. Key elements to include in your skeleton argument:

* Introduction - this should be a brief summary of the case and the issues to be decided.
* Legal basis - details the relevant laws and precedents that support your argument.
* Main argument - a structured outline of your main points, supported by legal references.
* The evidence - a summary of the evidence that supports your case.
* Conclusion - a final statement that summarises your position and the outcome you seek.

[Rks2020]

Thanks ULA