URGENT Re ET1 Submission - Please Help

[MKULTRA]

My partner is currently in disupte with her employer. She was dismissed under the companies medical capabilties grounds and after no resolution following an appeal hearing has decided to go down the employment tribunal route.

 

I've been able to help her as much as I can with wording etc however one question which has created some confusion is section 11. My wife was off work with stress and depression (she had a number of things happen over the past 2 years which eventually just ground her down) and is pursuing a claim for disability discrimination.

 

She certainly doesn't see herself as disabled but her condition fits under this category. Section 11 however asks "Please tick this box if you consider yourself to have a disability" If she doesn't could/would this prejudice her case?

 

Can anyone give some guidance on this. I initially had said she should say no, however perhaps I'm being a bit naive here.

[Guest Old_andrew2018]

bump

[Sidewinder]

I am afraid that I can't see exactly where you are confused. You say that you are pursuing an ET hearing under Disability Discimination yet are unsure as to whether to tick the "Please tick this box if you consider yourself to have a disability".

 

Surely is the claim is for DD, then you would indeed consider that your partner has a disability? To not confirm that you have a disability may see the ET1 returned as incomplete if you cite the reason for the claim as being discrimination.

 

Have a look HERE for the definition of 'Disability' according to the Disability Discrimination Act. It may help you to decide.

[eforegg]

I think the OP is thinking although covered under the terms of the Disability Discrimination Act, as a society we dont normally look at someone who's depressed and say they are disabled. . .although I would say this is societies ignorance more than anything else I guess.

 

I know I struggled with this issue when I have been involved in a discrimination claim. It's a mindset thing, but one worth getting over

[Guest Old_andrew2018]

Have you considered sending a pm with link to your thread to members with experience in human resources,

 

[hanzo]

You can't claim under the DDA unless you class yourself as disabled. The only exception to this is when a carer for somebody disabled suffers a detriment due to their caring responsibilities.

[inline66]

The determination of disability in accordance with the DDA is a legal decision. In your case and in the first instance it will be decided by the employment tribunal.

It is not a decision for the medical profession or any other profession or person. The employment tribunal will rely on evidence from the claimant, the respondent, expert testimony/witnesses and any other source in order to determine if a person is disabled in accordance with the DDA.

Reading behind the lines are you thinking of bringing an unfair dismissal claim without reference to the DDA?

In my opinion and simply in order to progress the claim you need to state that in the claimant’s opinion they suffer a disability.

[MKULTRA]

She'll definitely be ticking the box, she is disabled. Thank you all who have replied.