Hi all,

I was dismissed by my employer for misuse of a corporate credit card.

I had used it to help with cash flow for moving expenses since my employer wanted me to relocate and the costs were having a drain on my finances.

At the same time I was going through a stressful time at home with the break-up of my marriage.

When I used the card I didn't realise it was considered personal use, since in my mind I was moving for work, and I was eventually dismissed for it.

I've been seeing my GP for over a year with stress and anxiety and I think my decision to use the card was clouded by my mental health issues and inhibited decision making. My GP has diagnosed me with an anxiety disorder.

I've submitted my ET1 claim form for discrimination due to disability - mental health.

I had disclosed to my employer several times the impact the move and the finances were having on me and they took no note and made no reasonable adjustments.

The employer has hired a solicitor and they have submitted their ET3 defence and have asked the preliminary hearing is postponed and re-listed from a Case Management hearing to an Open Preliminary Hearing.

They deny that I was a disabled person within the meaning of section 6 of the Equality Act at the time of alleged discriminatory treatment.

They want the hearing to consider the issue of whether I am a disabled person within the meaning of section 6 of the Equality Act at the time of alleged discriminatory treatment.

They also request the Tribunal make the following orders in advance of the Open Preliminary Hearing:

· Claimant to provide an impact statement

· Claimant to provide copies of his medical records

· Respondent to confirm whether a Join Medical Expert report is required

I need to firm up my argument that I am disabled under the meaning of section 6 of the Equality Act.

My GP has diagnosed an anxiety disorder, but I am wondering what else I need to prepare for the examination by the respondents solicitor.

I can provide examples of the everyday activities that are impaired and have a diary of these event going back many months.

Also can someone tell me what the impact statement is I will be ordered to prepare?

I tried to get a solicitor but can't afford one, so have to represent myself.

Thanks for your help.

Generally you need to show significant daily impact - that is what you describe in the impact statement - and that it is likely to go on for a long time, usually a year or more. So a lot of medical evidence, not just a generalist gp report, needed. Turning up to work instead of recognising you were too unwell to be there sadly doesn’t help .

If you aren’t sure you are in that category I would have a good think about the best way to avoid a reference citing fraudulent use of a credit card. The importance of that may depend on your line of work.

Thanks!!! That is a great document. Very interesting read.

I am seeing my GP in a couple days to get a letter for the preliminary hearing.

Any help with the statement would be greatly appreciated.

They will be asking for a Disability Impact Statement. This does what it says on the tin. You would need to address the history of your illness, along with the impact it has upon you and especially with regards to normal day to day activities.

You also say the Respondent has "asked" for those matters. Have you replied? It would appear that this is a matter which would require a jointly instructed expert report given the minutia of detail which would be affected including the difficulties you had at the material time. Also when you say you advised you employer of the same did you do so in writing? If so I would provide copies to the court.

A lot depends on how you intend to fight the claim.

Not yet the deadline in in a couple weeks. I got a letter from my GP with the history of stress, leading to anxiety over the last 18-24 months. Are there any examples of impact statements? I was wondering how to write it and how much detail they need.

You need to include as much detail as you can about how your health affects your normal day to day activities. If you think about the requirements of section 6 - then look at how to comply with it.

i.e. does the condition have a significant adverse impact upon your ability to undertake normal day to day activities? Housework counts in this respect as well. Then has it lasted or is expected to last a year.

I don't know if there are examples online this is a personal issue for each disabled person really.

you could consider titles such as:

History (when you first had symptoms, diagnosis time etc to show it is a year or more)

Factors which affect your disability (so if you drive too far, stress etc and the things that you cannot do i.e. I can't do housework, I struggle to cook and clean etc etc)

Management of the condition (i.e. what do you have to do to cope and of course setting out where such things do not enable you to undertake your normal day to day activities including what medication you may be on)

your critical relevant impact here is your ability to make sound decisions that are quite like the bad credit card decision. you're trying to show that was caused by a disability. How it affects your ability to wash or cook or drive, not so important to this specific case.

be aware that if you regularly need to use a credit card at work though, or make financial decisions, you could be shooting yourself in the foot by declaring yourself unable to make them and hence unemployable.

your critical relevant impact here is your ability to make sound decisions that are quite like the bad credit card decision. you're trying to show that was caused by a disability. How it affects your ability to wash or cook or drive, not so important to this specific case.

 

 

 

be aware that if you regularly need to use a credit card at work though, or make financial decisions, you could be shooting yourself in the foot by declaring yourself unable to make them and hence unemployable.

you are conflating two positions - the first is being disabled and the disability impact statement. The second is that the disability affected the thought processes which are the subject of the disciplinary process, that is dealt with during witness statements ONCE you have proven you are disabled.

fair point well made. but a disability that has no impact on mental processing is of limited use here.

Yes quite so. However it is a matter for the impact statement to say how the issue/condition affects the normal day to day activities. Being unable to undertake housework and cook for example can be due to cognitive issues - it is not only physical disabilities that can be affected in that way. I quite deliberately did not specify physical or mental impairment as that all can be covered in the impact statement where relevant.