Employment Tribunal hearing in two weeks!!!!!!!

[Brighton-cpe]

Is aspergers' syndrome a disability?

I've heard that it is classed as one, but, i'm not sure.

Although not physically, of course

[bluebottle]

Re: Employment Tribunal hearing in two weeks!!!!!!!

Hi Brighton and welcome to Legal Beagles.

You will probably find the answer to your question by contacting the National Autistic Society, who also deal with Asperger's Syndrome. The Society's website is at The National Autistic Society - | autism | Asperger syndrome |
.

[charitynjw]

Re: Employment Tribunal hearing in two weeks!!!!!!!

Nowadays, the court/tribunal will look at how & to what degree an impairment affects day-to-day living.
The condition no longer needs to be listed on the World Health/DSM IV lists.

[spx]

Re: Employment Tribunal hearing in two weeks!!!!!!!

Nowadays, the court/tribunal will look at how & to what degree an impairment affects day-to-day living.
The condition no longer needs to be listed on the World Health/DSM IV lists.

Did you win the case?

[miliitant]

Re: Employment Tribunal hearing in two weeks!!!!!!!

Only a tribunal can decide if a condition falls under the Equalities Act as a disability

[Brighton-cpe]

Re: Employment Tribunal hearing in two weeks!!!!!!!

Hi Spx,

many thanks for your question....have you been following my posts? I have been away from here for quite a while nice to come back and see your post, shows that somebody cares...

The judges found no harassment on the part of the employers, despite evidence.
Funnily enough they did find me to be disabled for purposes of the act.

My solicitor did a less than satisfactory job, the barrister was absolutely useless. the Barrister came across as timid, insecure, fumbling, getting dates wrong etc, the respondent would often have to correct.

So in response to your answer I lost and was extremely upset. I had a very bad team behind me, so looking back its no surprise.

I applied for review- thrown out, appealed- thrown out also

I am looking into suing the solicitor, whom was not actually a solicitor and not legally qualified and the barrister also.

But moreover I have an Oral hearing in Feb next year and need points of law to show the procedural inaccuracy of the ET hearing and the judges decision, which I am pulling my hair out over. All I have found so far is Meek compliance, this is where the judges failed to give adequate reasons as to the decisions.

I found the tribunal extremely unfair and stacked against the employee, I thought having a good barrister would help, but they managed to do little more than I could have done representing myself.

what a dilemma!

[miliitant]

Re: Employment Tribunal hearing in two weeks!!!!!!!

i think you will find was the barrister was instructed at the last minute and had no idea what the case entailed

you can only appeal the decision on points of law and failings of the court

that includes representation

[Brighton-cpe]

Re: Employment Tribunal hearing in two weeks!!!!!!!

hi there Militant,

please see below excerpt from the judgment:
It wasnt until 14th December when the R's received the dr's report, in our judgment they knew, or could reasonably have been expected to have known. that the Claimant had a disability. The information in Dr 's second letter put the Respondents on notice that the Claimant's condition was more serious than they thought hitherto.

I believe that the judges made mistakes on points of law here because on the 14th of October I spoke with the company's head of HR and for the first time revealed the circumstances of my father's death. the Hr manager seemed very shocked and said that I should not have been at work for the last 6 months, due to my bereavement, she said she would also have to inform all the relevant members of staff and that I would have to sign a medical consent form for my GP to write a report re my condition. I think this shocking disclosure could well have put the company on alert that I may have been seriously impaired due to my bereavement. The funny think is the judges completely missed this point despite it being in my witness statement. The Respondents on the other hand did their best to cover this up and omitted all traces of HR managers name from the bundle.

And yes I gathered that the barrister was instructed at the last minute and had no idea, I have already complained and they have failed to acknowledge any of the points raised in my complaint but merely deny and dismiss all points. Great!

Kind Regards

[SpringerSpaniel]

Re: Employment Tribunal hearing in two weeks!!!!!!!

What is the nature of the hearing in the New Year ? Is it in the EAT or in the higher courts ?

[Brighton-cpe]

Re: Employment Tribunal hearing in two weeks!!!!!!!

Hi Springer,

It is an oral hearing (lasting around 1hr) at the EAT london, to persuade the judge to allow the appeal into court.

Kind Regards

[miliitant]

Re: Employment Tribunal hearing in two weeks!!!!!!!

as you know as this is an employment appeals tribunal, it will be at a crown court

not the oral though

[SpringerSpaniel]

Re: Employment Tribunal hearing in two weeks!!!!!!!

OK, thanks - will be back

Are you representing yourself ?

[miliitant]

Re: Employment Tribunal hearing in two weeks!!!!!!!

remember

you need to concentrate on points of law, the judge will ignore anything else

procedural irregularity is the key

[Brighton-cpe]

Re: Employment Tribunal hearing in two weeks!!!!!!!

Hi Springer,

At the moment yes its me representing myself. Not a great scenario to be in. I have representation by ELAAS on the day which is very hit and miss, ideally I would like a barrister or someone legally qualified to represent me.

Kind Regards

[Brighton-cpe]

Re: Employment Tribunal hearing in two weeks!!!!!!!

Hi Militant,

Yes I am aware points of law is what to concentrate on but am having a nightmare looking at case law and trying to figure out what the points of law are!!

I have heard about procedural irregularity, please could you expand on this?

For example my witness statement was taken as read yet was not properly disected or analysed by the judges. When it came to giving my evidence I was bombarded by the solicitor for the respondents and was denied the opportunity to express the real line of events leading to my resignantion due to bullying and harrasment.