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I hope you guys will be kind enough to help.

 

I'm currently going through an employment tribunal.

1st the solicitors refused to accept that I have any disability.

 

I provided evidence recently and today they wrote back saying they still refuse to concede my disability status.

 

I sent them my summary Dyslexia report, confirmation letters from GP various medical problems and letters from the companies who help with my disability needs.

 

I also stated some of the effects the above disabilities have had on me. This doesn't seem to be enough. I cannot advise how long I have been Dyslexic other to advise them it could assumed from birth. The other problems in excess a decade.

 

This is what they are saying, I quote:

 

...The respondent does not concede the claimants alleged disability status.

 

The claimant provided the respondent with information

regarding his alleged medical conditions...the documentation supplied does not provide the respondent with sufficient evidence to make a concession in relation to the disability status.

 

The limited documentation provided by the claimant indicates that he has, at certain times, suffered from various medical conditions…

 

1. They want sufficient evidence which confirms how long these alleged issues have lasted.

 

2. Provide evidence (medical or otherwise) effects on normal day to day activities including my ability to carry out these day-day activities.

 

I advised I will provide them more evidence in due course once I have them. I already have provided some evidence to them.

 

I am very surprised how difficult they are being.

 

My previous employer has phenomenal resources and has hired an expensive leading law firm.

 

They want this discussed at the CMD and also want various things struck out due to time bar but I wasn't in a position to file my claim then. Further, I have advised all these issues have lasted over a year and or expected to last for life.

 

I am new to all this and self-representing which they are aware of.

 

Many thanks,

 

PS: I have asked for help from elsewhere.

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PS: My dispute (previous thread I started) is still on going. I will update shortly. I never did forget but never got round to it due to a number of reasons.

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lasting a year or life is one criteria

 

substantial effect on day to day living is the other

 

you need to show both

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Emmzzi, Thank you for your reply

 

Indeed I have in my opinion. I will get a letter from my re some medical problems lasting in excess of a decade. My Dyslexia assessment was over 5 years ago and Dyslexia is a life long disability which I have explained. They are still contesting this. Government, medical and other professionals consider me to fall under the banner of 'disabled' so why are they contesting it? I ask, who are they to do so when they have no qualifications in this; are they disputing all these professionals?

 

How would I explain the other 2 parts thoroughly, any links?

 

How do I carry on if they still refuse to concede disability status?

 

Regards

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the solicitors are acting for the other party. they'll argue everything. don't take it personally; you need a thick skin for this!

 

they may well never concede status and that doesn't matter, because the person who decides is the judge, not them!

 

if you stop expecting them to act with logic, reason or compassion, you'll get through this quicker.

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Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Thank you. I really needed that advice for some reassurance. Shows how much I still have yet to learn. I don't expect it to be an easy ride but have been surprised that they refuse to accept evidence, especially when it's staring them in the face!

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It's all a big game of locking antlers. Don't get sucked in!!

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Dear Emmzzi,

 

What does the following mean? Just to let you know I haven't received the letter yet from the tribunal but I assume the respondent has. I also got further medical evidence today which stated my disabilities spans many years.

 

I can't find anything on open prehearings!

''

We can confirm that the Respondent does not wish to seek a postponement of the preliminary hearing and its conversion to an open preliminary hearing...

 

the Respondent considers that it would be useful to have the administrative preliminary hearing as scheduled...''

 

Should I or they be worried? Just concerned what to expect from my cmd given they are trying to strike out things due time bar limits etc...

 

Thank you in advance for your help!

Edited by Addyv
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There's people on here with more recent experience of the new processes than me, let's see if one of them answers :)

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Emmzzi, thanks any way for your help. I will remember this especially during the whole trial:

'the solicitors are acting for the other party. they'll argue everything. don't take it personally; you need a thick skin for this!

 

they may well never concede status and that doesn't matter, because the person who decides is the judge, not them!

 

if you stop expecting them to act with logic, reason or compassion, you'll get through this quicker.

'

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I'm a little confused as to what help you are looking for? What do you need?

 

Have a read of http://www.pcs.org.uk/en/equality/guidance-and-resources/disability_equality_toolkit/Equality-Act-2010-Who-is-covered-by-disability-law.cfm and https://www.gov.uk/government/publications/disability-equality-act-2010-guidance-on-matters-to-be-taken-into-account-in-determining-questions-relating-to-the-definition-of-disability. You need to be prepared to justify why you meet the legal test. The legal definition of a disability is much stricter than the medical definition, it generally is not enough to say something like "my doctor says this".

 

The legal definition is a physical or mental impairment with a substantial and long-term adverse effect on ability to carry out normal day-to-day activities. I don't think you will have any difficulty showing an impairment or that it is long term, but you may well have trouble demonstrating an adverse effect on your ability to carry out normal day-to-day activities. Have a read of the detailed guidance, the important point is that the available types of day-to-day activities are quite restrictive, its important to focus on this.

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What do they mean by: conversion to an open preliminary hearing

 

As far as I'm aware I have answered as per Emmzzi's and your posts. I have advised I will expand more in due course...

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Furthermore, I gave them evidence from advisers re my day to day... and my versions. They now claim it wasn't enough. Do they want me to file volumes? I joke.

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  • 1 month later...

Guy's

 

how do I request amendment/s to my employment tribunal claims

 

especially the issue of time bar?

 

I most likely made some mistakes in filing it and

 

didn't explicitly state everything I wanted in words.

 

I have medical evidence to prove I was not in a position to file my claim in on time and during that period.

 

I need all my issues allowed for they form a picture and each issue/case is related (if that makes sense).

 

How do I also request and extension to any said Orders so that the tribunal grants them.

 

I have some books at home which I have recently purchased but it is a lot to read and I am intermittently ill as well which really hampers things.

 

Any links, pdfs and advice which is straight to the point and which includes skeletal arguments/formats etc which I cam amend and adapt?

 

Many thanks and best,

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We need more information. Start from the beginning - tell us what your claim is about, when the events happened, when you filed your claim, and what has happened in the litigation so far.

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I've merged the threads for the benefit of those advising you.

 

 

Could you please let us know why you think there is a mistake in your form, and what you want the amended form to say? This will help us understand the situation so that we can suggest the best way forward.

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