Proving Disability - PH

[Simplyme123]

Hi
I'm having to prove that I was disabled at the relevant time at a Preliminary Hearing to enable a discrimination head of claim to go through. From what I've read I don't stand a chance because my disability is not an obvious one - can anyone provide any tips for the PH. Ever hopeful...

[wales01man]

Re: Proving Disability - PH

Is it a diagnosed disability that can be backed up by Doctors?

[Simplyme123]

Re: Proving Disability - PH

Yes, chronic depression, have a GP's letter that the Respondent requested and full medical notes - thank you for responding

[Simplyme123]

Re: Proving Disability - Please help - Prelim Hearing this week

Can anyone offer any advice? - also having to self represent and have seen 3 ET Judges up to now of varying 'opinions'.
Or have I put everyone off with the 'chronic depression' label

[charitynjw]

Re: Proving Disability - PH

Hi Simplyme123 & welcome to LB.

From memory (an ET claim some years ago), you not only have to provide the documented evidence, you have to show that it has a long-term effect & that it clearly affects your day-to-day living.

One of the questions asked by the Defendant's (employer) solicitor was "Can you go by yourself on the bus to town?".
This kind of interrogation is designed to show that, although you may have a disability, it doesn't affect you too much.
Scrutinise the evidence which will be put before the judge (the bundle) to make sure you haven't already admitted anything which could damage your case, & prepare an alternate explanation if necessary.

[Simplyme123]

Re: Proving Disability - PH

Many thanks - will double check through everything.