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Hi all
Apologies for posting another thread, if preferred I don't mind adding to a previous thread i raised last year but this is a seperate query and I thought it might confuse things.
Basically I got dismissed from my employer early last year after I declared a mental health condition and disability as per the findings of an occupational health assessment, which my colleagues didn;t really beleive, there was a lot of internal debate about whether it was genuine and I was accused of refusing to work. I was terminated, and following my termination a greivance I raised concerning not being able to work (and have access to systems to enable me to do my job) had not been implemented, nor had various adjustments as promised being provided - they conceded I should have been treat better but could not change the decision as my greivance was seperate to an appeals process (which had by that time already been spent).
During the suspension I was blocked from accessing my payslips due to my account being locked and designed in a way that prevented access if you weren't an active employee, I was also paid sick pay even though I was on suspension and hence paid short.
Thats the background, much more detail but thats what I think you need to know without going over-complex.
I've raised the matter to tribunal, and I had the preliminary hearing and it was adjourned for another hearing later this year. In the preliminary hearing I was asked to:
- write a disability impact statement, and the respondent was asked to provide information they already had on me from their side (as they held my occupational health reports etc)
- the employer was asked to provide the payslips as the court needed me to be able to give an accurate figure of losses, which I'd had to estimate due to not being able to access my documentation
For the disability impact statement, the employer did provide some but not all documentation - they missed a stress risk assessment which identified early on my concerns about my health, I requested this and it was initially acknowledged but the employer ultimately did not provide. I contacted their solicitor who did not acknowledge. Eventually, their solicitor contacted me to warn me I was running out of time, but when I asked about the documentation they'd been asked to provide, told me in vague terms 'there was no document' - I asked for clarification as to whether this meant their client could not find the document, or beleived there had been no assessment for which a document would relate, however he did not acknowledge this and I've gone without response.
I contacted the respondent directly again, who did not respond.
With regards to the payslips, the solicitor acting on behalf of the respondent did not provide them, when I chased this he asked me why I wanted them - I explained/reminded because I needed them for tax reasons, as well as complying with the orders of the court. He did not acknowledge my reply.
I chased this again several weeks later to be told I would be given them at a later (undefined) date, should the court deem it necessary (hold on, the court already has - not only that but I need them for my own reasons too (I do a self assessment...))
I appreciate the respondents solicitor owes me nothing in as such that I am not their client, however it seems they are happy to continue denying my access to my payslips, and they are also preventing me from accessing documentation that would be highly relevant to a disability impact assessment and indicate the impact of my condition on daily activities and how long they had been aware. They also seem eager to remind me I am running out of time, and I do not wish to be pressured into submitting something incomplete.
Where do I stand, and what are my options? My major concernis that I'm going to be drawn into looking uncooperative to the court for not answering either question, though the respondent has been asked for the info (by both me and court)
kind regards
Pres.
Apologies for posting another thread, if preferred I don't mind adding to a previous thread i raised last year but this is a seperate query and I thought it might confuse things.
Basically I got dismissed from my employer early last year after I declared a mental health condition and disability as per the findings of an occupational health assessment, which my colleagues didn;t really beleive, there was a lot of internal debate about whether it was genuine and I was accused of refusing to work. I was terminated, and following my termination a greivance I raised concerning not being able to work (and have access to systems to enable me to do my job) had not been implemented, nor had various adjustments as promised being provided - they conceded I should have been treat better but could not change the decision as my greivance was seperate to an appeals process (which had by that time already been spent).
During the suspension I was blocked from accessing my payslips due to my account being locked and designed in a way that prevented access if you weren't an active employee, I was also paid sick pay even though I was on suspension and hence paid short.
Thats the background, much more detail but thats what I think you need to know without going over-complex.
I've raised the matter to tribunal, and I had the preliminary hearing and it was adjourned for another hearing later this year. In the preliminary hearing I was asked to:
- write a disability impact statement, and the respondent was asked to provide information they already had on me from their side (as they held my occupational health reports etc)
- the employer was asked to provide the payslips as the court needed me to be able to give an accurate figure of losses, which I'd had to estimate due to not being able to access my documentation
For the disability impact statement, the employer did provide some but not all documentation - they missed a stress risk assessment which identified early on my concerns about my health, I requested this and it was initially acknowledged but the employer ultimately did not provide. I contacted their solicitor who did not acknowledge. Eventually, their solicitor contacted me to warn me I was running out of time, but when I asked about the documentation they'd been asked to provide, told me in vague terms 'there was no document' - I asked for clarification as to whether this meant their client could not find the document, or beleived there had been no assessment for which a document would relate, however he did not acknowledge this and I've gone without response.
I contacted the respondent directly again, who did not respond.
With regards to the payslips, the solicitor acting on behalf of the respondent did not provide them, when I chased this he asked me why I wanted them - I explained/reminded because I needed them for tax reasons, as well as complying with the orders of the court. He did not acknowledge my reply.
I chased this again several weeks later to be told I would be given them at a later (undefined) date, should the court deem it necessary (hold on, the court already has - not only that but I need them for my own reasons too (I do a self assessment...))
I appreciate the respondents solicitor owes me nothing in as such that I am not their client, however it seems they are happy to continue denying my access to my payslips, and they are also preventing me from accessing documentation that would be highly relevant to a disability impact assessment and indicate the impact of my condition on daily activities and how long they had been aware. They also seem eager to remind me I am running out of time, and I do not wish to be pressured into submitting something incomplete.
Where do I stand, and what are my options? My major concernis that I'm going to be drawn into looking uncooperative to the court for not answering either question, though the respondent has been asked for the info (by both me and court)
kind regards
Pres.
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