Disability question...please help

[wabby786]

Re: Disability question...please help

to be honest I even asked the branch secretary and regional director, they all agreed with each other and said you dont need one, so I kind of got the message from there onwards

[miliitant]

Re: Disability question...please help

this is all wrong

i am concerned why the union failed to get involved, they can be liable now for their inaction

was any corresspondents done with the union head office

did the union branch liase with you

you should not be instructing a barrister, let alone paying for one yourself without a rejection letter from union HQ

[Magrew]

Re: Disability question...please help

Ref Post 20

Wabby,

I am not a lawyer, my experience comes from supporting 3 disabled children one who is 28, another at 25 and the third at 15. As you see they are not small children. I have had to front many arguments with mixed levels of success. I have worked closely with solicitors in the past but currently I prepare my own cases with help from some very knowledgable people on this site. They are very good.

If I inadvertently lead you in the wrong direction then one of the legal experts will politely correct any error I make. I have already noticed that members with appropriate proven knowledge have been watching this thread develop so you can rest in the knowledge there are some guardian angels watching over you. Militant is particularly sharp on employment matters I have noticed.

I am Scottish so I cannot claim any expertise in your specific tribunal process but the Equality Act is common in Scotland and England. I am very familiar with sections of that act and I have argued aspects of that at quite a high level.

If you notice I have made no comment on the employment or tribunal aspects, there are others who are offering appropriate advice there.

I only recently joined this site, it is very good and the people will reduce your stress simply by enhancing your understanding of what you are dealing with. They cannot guarantee that they will assist you to win your case but they will certainly increase your knowledge which will allow you to feel more in control. It can be like therapy.

I wish you well

[wabby786]

Re: Disability question...please help

yep i got rejection letter, from regional office and my union rep they said in their opinion it is not a matter for the legal services, pretty stupid as they made me fill in a form to request it, only to turn me down, I dont get that either ...i got proof of everything....

I cant afford it to be honest...I borrowed most of barristers fee just to have peace of mind and paid the rest...i didnt know the union should not turn u down...since I gave my ET form, I havent heard from my union rep sent two emails, no response so far..they did warn me that if i get legal rep then my contract breaks with union, but im staill paying membership fee, god knows what for

[wabby786]

Re: Disability question...please help

Hello Magcrew, I was just asking as I was going to ask to hire you guys! so I hope my question did not offend at all, all of you have been very helpful and I agree that you have all definitely opened my eyes a hell of a lot... I similar to yourself have had little challenges that I have faced alone, but no where near to this level...so please know that my message was in the best intentions, you all must of been good, or I would not have asked about if you were lawyers! and me hiring!

plus this is the first time in my life on a forum, to be honest I never expected soo much advice! its a good place...

[bluebottle]

Re: Disability question...please help

Don't forget that bullying is dealt with by the Protection from Harassment Act 1997 and is very effective in dealing with it. There is also case law that holds an employer vicariously-liable for conduct amounting to harassment, which is what bullying is, by an employee or the employer against an employee or another employee. The relevant case law is Majrowski -v- Guys and St Thomas's NHS Trust 2005.

[wabby786]

Re: Disability question...please help

thanks for that bluebottle, but then im baffled as to why bullying and harassment is just simply on the ET1 form on its own merits, why does it have to be a discrimination of a protected characteristic?

and also, does this protection from Harassment Act get discussed in ET's? or does it have to be separate legal action in court?

[Magrew]

Re: Disability question...please help

thanks for that bluebottle, but then im baffled as to why bullying and harassment is just simply on the ET1 form on its own merits, why does it have to be a discrimination of a protected characteristic?

and also, does this protection from Harassment Act get discussed in ET's? or does it have to be separate legal action in court?

Are you certain that your brief has limited you in your complaint to one aspect ie disability discrimination?

Sometimes it is good to focus an action on clear aspect of failure, if that failure is fairly secure, but I would expect that your complaint can go wider if it is constructive to your argument. I know that in tribunals in Scotland I have focussed on one area of law but referenced others as associated infringements.

You have to be cautious about going too wide in your arguments though. If focus is lost then each argument can appear weaker. Maybe that is how your brief is treating it?

[miliitant]

Re: Disability question...please help

regional office, is that your branch address

any rejection notice needs to come from legal services at union headquarters

have you exchanged documents yet with the employers solicitor (court bundle)

[wabby786]

Re: Disability question...please help

hmm im going to find the letter now and check it and tell you no exchange of docs yet, the decision of hearing was very recentIve just checked my ET1 form and it also states apart from discrimination ...other complaints, this should cover bullying and harrasement, so not sure why my suicidal stuff and GP letter has been missed out...

[miliitant]

Re: Disability question...please help

in my personal opinion on dealing with previous ET1 claims

this is all wrong from start to finish

you need to have a meeting with the barrister to find out what is exactly happening

remember

he works for you

not the other way around

[wabby786]

Re: Disability question...please help

thanks Magcrew, yeah thinking back now, the brief did limit me, he was very clear in order to bring action against something I would need it to be against a PC...but according to my ET1, i did ALSO tick 'other complaints' so this should cover me for bullying and harassment etc and all the other stuff they done....

then my brief said that some old stuff would have to be left out as it was too old, like ages ago, but my point was that it was a catalogue of events and the tribunal will see it was part of the bully and harassment, plus it was only 2 months before the oldest act they done, so it was linked....why am i leting this stuff be left out .....oh god

[miliitant]

Re: Disability question...please help

did you go through a solicitor first about this ET1 CLAIM

its protocol for a barrister to accept instructions from a solicitor

joe public do not approach a barrister direct as a rule

its not cricket

[wabby786]

Re: Disability question...please help

right, just checked the letters this is what happened

I asked for legal advice from union
- rep told me to fill in form and this would be requested
- then request was acknowledged by regional organiser
- response from regional organiser was that it did not require a legal rep and that I should just seek to m union rep to resolve it, it didn't require a solicitor and i needed to make my own legal arrangements

[miliitant]

Re: Disability question...please help

this is b___ocks

this is neglect of legal representation and the union can have a claim against it for a start

legal services decide on the merits of a claim, not the regional organiser

the letter should state

as their is less than a 51 % chance of sucess, legal services are unable to procede with this cause of action

or something similar

which union is this