And suddenly there was a defence...

[heisenberg]

Re: And suddenly there was a defence...

Seems the hearing has only been allocated a 10 minute time slot. So, seemingly there is not a lot to discuss.

[Openlaw15]

Re: And suddenly there was a defence...

Seems the hearing has only been allocated a 10 minute time slot. So, seemingly there is not a lot to discuss.

I see your hearing is for psyche injuries and discrimination. What is the precise nature of your claim, how did the discrimination arise? Is this your employer, NHS?

[heisenberg]

Re: And suddenly there was a defence...

I see your hearing is for psyche injuries and discrimination. What is the precise nature of your claim, how did the discrimination arise? Is this your employer, NHS?

Did you see post #60? I attached the particulars to that.

I thought the courts had a duty to ensure the parties are on an equal footing? The other side has only made a gesture towards applying for the default judgement to be set aside (and stated no more). Where does that leave me?

[heisenberg]

Re: And suddenly there was a defence...

It seems the hearing is a 'Interlocutory Judgment Hearing'. Does that make a difference?

[Openlaw15]

Re: And suddenly there was a defence...

Did you see post #60? I attached the particulars to that.

I thought the courts had a duty to ensure the parties are on an equal footing? The other side has only made a gesture towards applying for the default judgement to be set aside (and stated no more). Where does that leave me?

Post 60, hmm post 1 would have been better ha ha

[heisenberg]

Re: And suddenly there was a defence...

Post 60, hmm post 1 would have been better ha ha

Any thoughts?

[Openlaw15]

Re: And suddenly there was a defence...

Any thoughts?

In my view it is a rather vague claim - you talk more about the equality act but hardly anything substantive. You seem to write more like a lawyer than a lawyer. Are you a lawyer?

[Amethyst]

Re: And suddenly there was a defence...

Reading through that you haven't made clear what it is that they did that you were complaining about that caused the equality / discrimination issue.

I believe, from previous posts, it was the physcotherapist passing on information from your consultation to your GP ?

[mariefab]

Re: And suddenly there was a defence...

I'm concerned that you appear to have come to quite a few conclusions based on insufficient facts.

In the simplest terms; it's not enough to say, 'I have a disability- I wanted more- you didn't give me more- therefore you discriminated against me.

For example, reasonable adjustments; what is the PCP that puts you at a substantial disadvantage?
It seems to be that they have a practice of insufficient engagement and communication.
But, what you've written contradicts that. When you consider that many complaints would go, complaint letter- response- end, I suggest that you've had a great deal more than usual.
Do you have evidence that proves otherwise?
When it comes to the provision of information, reasonable adjustments usually focus on providing it in an accessible format e.g. braille, large print, voice recordings.

[wales01man]

Re: And suddenly there was a defence...

You won in the first instance and now they are applying for set aside how much money was awarded in the case is it enough to warrant fighting them I am no expert but discrimination compensation must be very hard to assess in monetary terms.

[Amethyst]

Re: And suddenly there was a defence...

Or was it this one? http://legalbeagles.info/forums/show...449#post582449

[heisenberg]

Re: And suddenly there was a defence...

In my view it is a rather vague claim - you talk more about the equality act but hardly anything substantive. You seem to write more like a lawyer than a lawyer. Are you a lawyer?

Nope, not a lawyer but certainly no stranger to discrimination.

There are 6 potential contraventions here so, to that end, there is some substance. Of course if the other side had responded to my pre-action letter it would have assisted me greatly in narrowing and defining the substantive issues.

[Openlaw15]

Re: And suddenly there was a defence...

Any thoughts?

When you're writing to the courts you need to introduce/ outline your complaint, its nature, recommended remedies in the first paragraph to keep their interest. If it is direct discrimination outline what, when, where, how. How are you affected, what can the defendant do to remedy your situation. Then explain and keep to these points throughout, keep it short as possible and use concise language throughout. Then give a little summary.

[heisenberg]

Re: And suddenly there was a defence...

Reading through that you haven't made clear what it is that they did that you were complaining about that caused the equality / discrimination issue.

I believe, from previous posts, it was the physiotherapist passing on information from your consultation to your GP ?

Thanks Amethyst.

First and foremost, I think this organisation (the Defendant) bent over backwards and then some for the psychotherapist whom I believe discriminated against me. The PHSO have found that I was treated unfairly. To that end and in failing to be reasonably clear why the Defendant could not even issue a warning. this lends itself to the inference that they could be unlawfully assisting this person.

Further, I have some evidence that the PSA concluded that they did not make a fair decision in this case regardless of my failed and fruitless engagements with them.

I believe the term 'practice, policy or procedure' should be interpreted broadly.

Again, if they had responded to the pre-action letter (and indeed all other correspondence) elements of my claim would not have been as speculative.

[heisenberg]

Re: And suddenly there was a defence...

I'm concerned that you appear to have come to quite a few conclusions based on insufficient facts.

In the simplest terms; it's not enough to say, 'I have a disability- I wanted more- you didn't give me more- therefore you discriminated against me.

For example, reasonable adjustments; what is the PCP that puts you at a substantial disadvantage?
It seems to be that they have a practice of insufficient engagement and communication.
But, what you've written contradicts that. When you consider that many complaints would go, complaint letter- response- end, I suggest that you've had a great deal more than usual.
Do you have evidence that proves otherwise?
When it comes to the provision of information, reasonable adjustments usually focus on providing it in an accessible format e.g. braille, large print, voice recordings.

Thanks mariefab.

Further to post #74, I think a PCP should be interpreted broadly. What you have referred to are indeed the classic reasonable adjustments. I appreciate than when we are dealing with mental health problems this is not always clear and straightforward.

I have further concluded that aspects of my complaint(s) have not been dealt with in the manner you suggest.