C M Discussion at ET Leeds for disability discrimination (by association with a disabled person)

[jingles2020]

Hi i'm looking for advice on a case management discussion that is listed for January.

 

my case is for disability discrimination (by association with a disabled person - the 'person' being my daughter) and that discrimination being my (unfair) dismissal and i will be seeking agrivated damages, loss of pay, loss of pay in lieu of notice and wrongfull deduction of monies from final salary.

my case is similar to the recent sharon coleman ruling at the european courts of justice and the ruling by the ET london south that assocative discrimination must be ruled under the DDA.

 

as i am having to represent myself as these 'cases' are too new - mine is the first to reach case management discussion in uk and no solicitors will take my case

 

question: what will i need at the CMD and how should i list what my claim is - any advice or templates available.

Thanks for any help or advice

[seftonview]

Case management discussion

 

In most discrimination claims, an employment tribunal will hold a case management discussion (CMD). This involves calling the two sides together to discuss what the key issues are and how the case will proceed.

At the CMD, the employment tribunal chairman may want to do the following:

 

• Clarify what the parties (you and the employer) agree on and what is disputed.
  
• Clarify whether the parties need further evidence through additional information, written answers and/or disclosure (in England & Wales). There is no formal disclosure process in Scotland.
  
• Give directions or make orders for additional information, written answers and disclosure (in England & Wales). There is no formal disclosure process in Scotland.
  
• Give directions or make orders about medical evidence on the issue of disability, for example, telling the parties to get a joint medical report.
  
• Decide whether a pre-hearing review (PHR).
  
• Agree a date for the main hearing (make sure you take a list of any dates on which you are unavailable with you).
  
• Clarify how many witnesses the parties intend to call.
  
• Determine how long the hearing will be.
  
• Decide a timetable for when witness statements have to be exchanged (in England & Wales). In Scotland witness statements are not exchanged and are not normally used as evidence at hearings.
  
• Decide the arrangements and timescale for an agreed bundle of documents (containing both parties’ evidence) to be exchanged before the main hearing.
  

CMDs are heard by a chairman sitting alone. The CMD will not consider the merits of your case (that is, whether it should win or lose) or hear any evidence. That happens at any PHR and the main hearing.

If the parties are legally represented, CMDs are often held by telephone, with the parties’ representatives and the chairman using a shared telephone link. You can sit in on the telephone conference if you want.

 

 

Source: The employment tribunal process

 

What steps have you taken so far on this matter? In particular, have you served a statutory questionairre or anything?

 

SV

[seftonview]

Also, have you tried contacting the solicitors who represented Coleman?

 

Charity Solicitors - Not For Profit Solicitors - Bates Wells & Braithwaite, London, UK

[jingles2020]

Hi

yes have been intouch with Lucy McLynn who is representing Sharon Coleman, but due to amount of wirk they have / are having with the european courts and also with the pre hearing ET at london south, they are unable to represent me due to shear work load. Mrs McLynn is being as helpfull as she can and is copying me the outcomes of the cases as they are published. Unfortunately Leeds ET have placed my CDM before Sharon Colemans so i am now 1st in UK to persue this to CDM (Sharon Colemans CDM is still to be set as she has just passed pre hearing review stage)-

 

my CDM is now set for 19th Jan so time running out for help with still no solicitors willing to help (without significant bonds of up to £2500 which i don't have). i Know the very basics and i know i am right in persuing this as the company were quite happoy with me untill the found out i have a disabled daughter then they decided that the hospital visits may interfere with my work and would not allow any flexibility in my working hours (not that i had asked for any).

 

to show my ignorance - whats a statutory questionairre?

[seftonview]

Information on statutory questions procedure here:-

Taking a claim to an employment tribunal

 

I suspect you may be out of time now for serving one.

 

I'm going to research a few things and come back to you with some more information in the week.

[jingles2020]

Hi,

Thanks Seftonview, having now seen the questionairre i did send something similar which was given to me by the CAB, but at that time the DDA was not considered to cover parents of a disabled child ie discrimination by association - as such i did not recieve a reply other than you are not disableed so do not 'qualify' as being disabled as described by the DDA.

 

The Employment Tribunal (London South) only stated that it could consider discrimination by association due to the ruling of the European courts of Justice on 25th November 2008

in so much as the DDA can only now be read as

"a disabled person or a person associated with a disabled person whom he employs" the ET also states that their ruling shall apply to ALL cases of disability discrimination from Oct 2004

 

with this in mind all current forms etc still read as a person with dissability

[jingles2020]

have now heard from Lucy McLynn at Bates wells & Braithwaite - their Pro Bono work for 2009 is fully booked with the Sharon Coleman case and Lucy herself is on maternity leave.

Looks like i'll have to go to the ET alone.

 

Any ideas on how to prepare my case for the CMD or how to present it - i know it wont be a 'hearing' as such just to give the judge details of what exactly my claim is but how do you present this info

[jingles2020]

new twist to the story

 

while seeking advice (still not found anyone to act for me) a HR advisor asked if they had followed the Statutory Dismissal Procedures !!!

 

looking through this, i can now show that my former employer did not follow any of the 3 mandatory steps of the SDP and in fact advised in writing that they refused to hear any appeal against my dismissal - as such i believe i can now claim automatic unfair dissmissal attached to the disability discrimination -

 

question:

do i outline this at the CMD or wait till the hearing?

[Ell-enn]

Have you tried contacting some of the Law Schools? they sometimes are able to offer representation as part of their student's training. Where abouts in the country are you? I notice you say West Yorkshire - it may be an idea to contact the University of Leeds Law School School of Law - Home Page and see if they can offer this service.

 

As your case is not a standard one, it may prove interesting for them.

 

Ell-enn

[jingles2020]

Thanks Ell-Enn,

have sent email to Leeds Law School so i'll see what reply i get - Leeds is V close as i reside in Halifax / Huddersfield and my case is at the ET in Leeds