Exchanging documents before a tribunal

[Openlaw15]

Re: Exchanging documents before a tribunal

It's not just a random statement from my GP, it's a letter which answers a number of questions that they (the solicitors), put to him. The letter from my psychiatrist is a statement I requested from him about my disability status, and he wrote that he felt I fit the definition of having a disability.

I don't see what paying for a report from a psychiatrist would accomplish, I paid to visit the psychiatrist that I got the report from (through my medical insurance)

I received the following email from the Tribunal office, a couple of days ago, which suggests to me that the evidence I have at the minute should be sufficient, along with giving evidence on the day myself.

Thank you for your email of 15 March which I have referred to Employment Judge _____ who has asked me to advise you as follows.



The witnesses you wish to call at the Preliminary Hearing is a matter for you (provided they can give relevant evidence). However, it may by sufficient for you to lodge as documentary Productions copies of medical reports and any other medical evidence in relation to your alleged disability as you will be required to give evidence yourself and the focus of the definition of disability is S.6 of the 2010 Act is your "ability to carry out day to day activities".



EJ _____ suggests that you consider carefully this definition and also refer to the "Guidance on matters to be taken into account in determining questions relating to the definition of disability (2011)".



Whether you wish to call Doctors to give evidence, however, is ultimately your decision and EJ _____ suggests that if you are in doubt you should seek legal advise.



I attach for both parties information case management Orders which EJ _____ has directed be sent out for the Preliminary Hearing.

I know what medical experts have to do - i also know that a statement without the psychiatrist present is, it's called hearsay under the civil or criminal rules' procedure. A letter cannot be cross examined. A statement cannot be cross examined, medical terms without referring to medical publication cannot be verified. This is going to be more difficult than you think. The tribunal is not just going to hand over 10s of thousands without being convinced. A tribunal comprises a judge - he or she is not some lay person who'll be easily persuaded. The tribunal is not going to be affected by the media. if I were the employer i'd say, the media interest is not giving me the right to defend without prejudice. I would have taken the £15,000 when offered.

[mariefab]

Re: Exchanging documents before a tribunal

To properly answer the question in your original post; No you don't need to send the Tribunal or the Respondent copies of guidance.
You need to send
All Doctors letters
All Occupational health reports and any communication between OH and the employer before and after their reports.
All documents in your possession that that relate to your disability.
Include everything relevant produced by you and the employer since the start of your employment including grievances, reminders of outstanding training needs etc.
Sick notes, return to work meeting notes etc.

Immediately after you receive the documents that the Respondent intends to rely on check for omissions of documents that would be in the Respondents possession. e.g. questions sent to OH, copies of sick notes etc. and ask to be provided with copies of these and for them to be included in the bundle (copy this request to the Tribunal).

You need to bear in mind the focus of the definition of disability is S.6 of the 2010 Act is your "ability to carry out day to day activities".

There's an example at post #39. Make a list and (importantly) show that the employer was aware of the fact that your disability affected you in this way at the time of the acts you complain of.
Because you need to show that the employer knew (or should have known) you were disabled at that time.

On the information provided so far, I think that your diffculty is going to be connecting the grievance (18 months earlier) to the redundancy to show victimisation.
Did the manager that you complained of in the grievance conduct your redundancy score?
They didn't uphold your grievance, did you appeal that decision? Failure to do so is likely to be regarded as acceptance of the decision.
The complaint was that you were told that you wouldn't be promoted or get a pay rise. You were subsequently promoted and I assume a pay rise accompanied the promotion. So, that is the Respondent's answer to this allegation.
You were promised training. You didn't get it, others did.
Do you have an continuous paper trail showing that you sent reminders about the training and that the responses delayed the training but encouraged you to wait?
Because if not you are out of time to complain about this. The time to act was within 3 (maybe 6) months of when the training was promised or when an act inconsistent with providing the training was done (e.g. providing the training to someone else).

Have reasonable adjustments been raised as an issue in relation to the redundancy procedure at all?
I ask because the duty to make them rests solely on the employer and it is anticipatory an ongoing throughout your employment and applies to all provisions, criteria and practices. A disabled employee is not required to suggest or ask for reasonablke adjustments.
So, looking at each of the criteria headings that were scored in the redundancy:
Would having your particular disability put you at more than a trivial disadvantage, in comparison to someone who did not have that disability?
If so, were steps taken to avoid that disadvantage?
Because if there are steps that should have been taken and the employer failed to implement them, you would have a prima facie case of disability discrimination by a failure to make reasonable adjustments to the redundancy scoring process.

As an example. think of how your particular disability affects your ability to carry out each of the redundancy criteria, especially consider whether your cognitive impairment would put you at a disadvantage when it comes to the ability to do normal day-to-day things like communicating with others.
Do the same with any other ways in which your disability puts you at a comparative disadvantage.