Been discriminated against on the grounds of disability

[Marieleeza]

Boss has said through ACAS that she is looking to settle, I am still going to the CMD tommorrow although do I have to wear a suit or at least a shirt and trousers? I hate dressing up!

 

Also, do I have to take anything other than my CMD agenda sheet with me at all?

I think it might be handy to have a copy of your ET1 and the ET3 response for your own reference. Also I would make a summary of the main points of the case. Anything that you have to provide will be asked for at the CMD and a deadline will be set for exchange of that and other documents.

 

Good luck.

[nutter192]

Right have had the CMD, had got there at 10.00 like it said and ended up waiting five hours before getting in!! Clerk said, three short cases before yours yeah right!

 

Anyway I digress, once we got in there, judge was very nice towards me. Slapped the ex-boss down when she started to ramble on and he said 'im just looking for a yes or no answer' this was in reply to him asking ex-boss if she thinks i have a disability. She said no and I now have six weeks to obtain medical evidence of my disability. I have to provide a witness statement within 2 weeks and the tribunal date is the 8th March 2012 with documents to be exchanged.

 

I emailed ACAS with my settlement figure based on unfair dismissal and disability discrimination and the amount I have started off at is 26k circa. So hopefully she will settle but will crack on and do the witness statement etc. Is there a set format or template for the witness statement that I can use?

[Nystagmite]

Is your boss qualified to assess whether you have a disability/

[Marieleeza]

Right have had the CMD, had got there at 10.00 like it said and ended up waiting five hours before getting in!! Clerk said, three short cases before yours yeah right!

 

Anyway I digress, once we got in there, judge was very nice towards me. Slapped the ex-boss down when she started to ramble on and he said 'im just looking for a yes or no answer' this was in reply to him asking ex-boss if she thinks i have a disability. She said no and I now have six weeks to obtain medical evidence of my disability. I have to provide a witness statement within 2 weeks and the tribunal date is the 8th March 2012 with documents to be exchanged.

 

I emailed ACAS with my settlement figure based on unfair dismissal and disability discrimination and the amount I have started off at is 26k circa. So hopefully she will settle but will crack on and do the witness statement etc. Is there a set format or template for the witness statement that I can use?

 

Well done you for fronting up and facing the CMD on your own.

 

I do not think there is a template for a witness statement. I think that you just start by identifying yourself, name address etc - then give dates of when you started the job and what you actually did in that job. Then you get into a chronology of the events that took place and go right up to the lodging of your claim and beyond, if that is relevant.

 

The largest part of the medical evidence at this stage is usually a report written by you which shows how your disability affects you in day to day life (excluding work). You have to think about all aspects of your life and paint a picture. It is accepted that a lot of small impairments can add up to substantial impairment so mention everything. There is some guidance on the internet for how to do this and some of the CAGGERS should be able to advise too.

 

I would ask myself questions such as;

 

Does the pain cause you to have broken sleep. Do you have symptoms like numbness, pain, panic attacks whatever?

 

Does your disability affect yourwalking, lifting stuff, bending over, carrying shopping, doing housework, walking dog, dressing, washingyourself or doing your hair?

 

Has it affected your relationships with others are you less confident, outgoing etc. Are your social activities restricted in any way. Are your moods and energy levels affected? Are you fearful, tearful, stressed or panicking - can you carry out your banking and other personal business without assistance?

 

Do you need assistance with any task or activity? Do you need someone with you when you go out?

 

How does the medication help? Are there any side affects that cause problems.

 

Did the judge not suggest Judicial Mediation, as yours is a small claim? As there was no question of your paying a deposit, I think that means the judge considered your claims to be valid?

 

Was there any mention of getting an expert medical report from a specialist agreed by both parties?

[nutter192]

Currently doing the witness statement and quick question.

 

In my witness statement, do I have to highlight areas on my witness statement from the documents that the respondent has already submitted ie. the et3 that I believe to be incorrect and supply my version of events?

 

In answer to the other questions re medical evidence, I will be approaching the clinic i used to go to for hearing tests etc when I was younger for medical evidence in addition to how it affects me as well.

 

Judge did not suggest judicial mediation and there was no question of deposit. The only question was the disability aspect as ex-boss disagreed. There was also no mention fo expert medical report either.

 

Also boss is not qualifed to say if I have a disability or not. I have not heard from ACAS in the meantime. Another question does the judge send a copy of the CMD directional orders to both parties to show timescales for everything??

[nutter192]

Another quick question if I want to mention aspects of the grievance meeting by relying on the recording made during the meeting, do I state this in the witness statement and mention the contradictory statements in the et3 etc?

[Marieleeza]

Currently doing the witness statement and quick question.

 

In my witness statement, do I have to highlight areas on my witness statement from the documents that the respondent has already submitted ie. the et3 that I believe to be incorrect and supply my version of events?

 

In answer to the other questions re medical evidence, I will be approaching the clinic i used to go to for hearing tests etc when I was younger for medical evidence in addition to how it affects me as well.

 

Judge did not suggest judicial mediation and there was no question of deposit. The only question was the disability aspect as ex-boss disagreed. There was also no mention fo expert medical report either.

 

Also boss is not qualifed to say if I have a disability or not. I have not heard from ACAS in the meantime. Another question does the judge send a copy of the CMD directional orders to both parties to show timescales for everything??

Yes a letter is sent to both parties and they must comply with the dates. I was asked for a joint medical report 2 monts after the CMD so it still could happen, if they are disputing disability. It is likely to come out in your favour so I would not worry too much but is costs about £500 which is no fun.

 

 

I have not done a witness statement and am due to do it with solicitor in a couple of weeks. It will take you a while to get it right so I suggest that you start by putting in everything you want to in chronological order and then edit it. I would imagine that your witness statement would be limited to your experience. You could say that the ET3 response was distressing/ depressing because but I am not sure how the legal issues are argued as I have not actually seen a tribunal case.

 

Papasmurf or another CAGGER with Tribunal experience would be able to help you with that.

Edited November 14, 2011 by Marieleeza

[papasmurf1cx]

Nutter.. You should invest in a medico legal report if you can afford to. This will be worded in a way the Judge will be looking at.

 

In you statement you tell your story........ first.... as you are going through it refer to the what the respondent is saying in defence and try and counter those arguments as they arise.... then move on to the next part of your story. There should be a bundle of documents that should be page numbered. In your statement if you are referring to a document or something in that document state the page number so the judge can see with ease what you are referring to.

 

When the Respondent's statements are served and there is factual issues you want to take issue with prepare an additional statement and reference the page numbers accordingly.

 

The recording should be transcriobed... it makes it easier to read and see what was said.

[nutter192]

Thank you PapaSmurf.

 

Therefore, I don't have to send the witness statement to the respondent until the bundle has been completed and can be reffered to?

 

THey have asked me for a statement on how it affects day to day activities and one of the other things they ask is how long the effects have lasted. I have a report from 1996 when I was at school discussing my progress with my hearing aids in class. Shall I send a copy of this with the statement?

[papasmurf1cx]

Normally there is bundle of documents and then the statements are done and sent. The CMD should have given you a timetable to comply with, Did they?

 

Anything showing the effects is worth it but better is a medico legal report, where that evidence can be assimulated into the expert report.

[nutter192]

Ah Gotya, Disclosure of documents by 28th November.

 

Preparation of bundle and sending to claimant by 16th january 2012.

 

Also, they require a medio legal report on my disability as my ex-employer obviously does'nt believe me. I have had a look for any experts in audiology for a report, but no luck as such yet. Is anyone aware of a database or online search tool for this?

 

For the moment, just got to get the statement of impairment and my schedule of loss. thats got to be there for 21st november, so is going to be sent tommorrow.

[papasmurf1cx]

Try looking here... http://www.expertwitness.co.uk/Home.asp or google 'expert witness' and look for your type of specialism and location. Once you have settled on a doctor write a letter or phone for an appointment. In your instructing letter you will have to explain the problem and what exactly you want out of the report eg detail any disability as covered by the Equality Act and an opinion as to how it affects you and what adjustments could be made or anything else you want or need in the report. Remember you cannot tell them what you want but you can explain things. Once they give an opinion you are basically stuck with it and can't change it. The only way around a bad report is to bin it and get another so be careful in what you say and prepare for the examination by detailing exactly what the problem is and produce any evidence to support you eg you GP note and the document you mentioned earlier.

[nutter192]

Thanks for the link Papasmurf have emailed one of the experts and waiting to hear back. I also called my local hospital to see if they did medico-legal reports and they are going to get back to me.

 

I have completed the impairment report, do I need to put something along the lines of 'I believe the above facts to be true signed, Nutter192'?

 

Also I have calculated my schedule of loss and could someone just check I am not being too unreasonable? It is as below:

 

Age at unfair dismissal: 26

 

Years Service: 4

 

Gross Weekly pay: 211.25

 

Basic Award: 845.00

 

Net Weekly pay: 234.50

 

Weeks without pay: 36 (this is from June 2011 for the first 5 months off work and I anticipate another 3 months off work due to the dire situation in my local area)

 

Compensatory Award: 8442.00

 

Loss of Employment Rights: 300.00

 

Total Compensation for unfair dismissal on the basis of disability discrimination: £9587.00

 

Plus VENTO discrimination damages: £18000.00

 

Total Claimed: £27,587.00

 

Also, would the above be acceptable as a calculation for the employment tribunal?

[papasmurf1cx]

You may want to put in also an amount for future loss of wages (pension also if you were getting that benefit). Also take out "Vento" and submit "Injury to Feelings" Take out the number and put in "a sum in middle banding of guidelines"

 

If you suffered personal injury eg anxiety depression or some other mental trauma a sum for PI should also go in there... but be sure to detail what injury you suffered when seeing the expert doctor... hopefully your GP will back you up there too.

 

if the report is to the doctor expert, no need to put that declaration in they will take it that you are telling them the truth.

[nutter192]

Right, have tweaked the below. The impairment report is for the respondent and tribunal in the first instance. the medical report has to be supplied by the 19th December.

 

Age at unfair dismissal: 26

 

Years Service: 4

 

Gross Weekly pay: 211.25

 

Basic Award: 845.00

 

Net Weekly pay: 234.50

 

Weeks without pay: 36 (this is from June 2011 for the first 5 months off work and I anticipate another 3 months off work due to the dire situation in my local area)

 

Compensatory Award: 8442.00

 

Loss of Employment Rights: 300.00

 

Total Compensation for unfair dismissal on the basis of disability discrimination: £9587.00

 

Plus Injury to Feelings damages: sum in middle banding of guidelines

 

Total Claimed: £9,587.00 plus injury to feelings damages

 

How would I calculate future loss of earnings? Would I claim 6 months wages?

[papasmurf1cx]

Put a date your calculations are worked out to eg the date you submit it to the other side or ET then state Future loss of earnings at the rate of £234.50 per week from X date. That will cater for the time from the fixed date to the date at the end of the trial but the final sum is not calculable at this time.

 

Also you need to put in that you are also claiming Interest on the award that is given at the standard rate.

[nutter192]

I can claim interest!!! I did not now this, I take it it is the 8% figure?

[papasmurf1cx]

Not sure what it is. Put it in as TBC (to be confirmed) and this can be updated nearer the time. You will probably not be able to calculate it until the judge makes the award in any case but if you put it in there he will have to award it on what he gives you.

[nutter192]

Hi all.

 

just to keep you updated. Am sending the documents and audio recordings I intend to rely upon in the tribunal to the respondent. Havent recieved their documents yet however they have until 28th what are the chances that it doesnt get to me before then...

[nutter192]

I have now recieved the documents she intends to rely on and boy has she dropped herself in it.

 

I registered with a recruitment agency and asked them for the reference, obviously someone in my old employment screwed up because they have sent a copy of the reference they sent to the agency and it says as follows:

 

Job Title: General Office

This is a load of rubbish because I was employed as a legal cashier/legal secretarial duties.

Would you describe their punctuality and attendance record as either excellent, satisfactory or below average?

Answer: satisfactory

Once again, I only had a maximum of five days off in any one year that I was working there and I was never late for work, never recieved any warnings, talking to or anything regarding punctuality and she admits in one of her letters that she did not keep a record of my sickness.

Would you describe their overall contribution in the workplace to be excellent, satisfactory or below average?

Answer: satisfactory.

She obviously has sour grapes here as I was a most efficient and helpful worker doing all the things that nobody else done. I believe that this is unfair.

Would you reemploy Nutter192:

Answer: No

Might as well kiss this reference goodbye!

She has failed to type up any handwritten notices in contravention of the CMD orders, do I write to her to request a typed copy as I cannot read her writing very well?

In letters pointing out mistakes given to me before I left i.e. this year, she has failed to notify me of any procedure discplinary wise including the right to appeal. Does her nonaction of this procedure negate the disciplinary notice?

 

Lastly, when consulting for redundancy for under 10 people in a place of employment, is it necessary to inform all staff they are at risk or just the person they are considering?

[papasmurf1cx]

Re CMD order... you should write to the ET, after the relevant time limit to do the task is past, asking them for an 'unless' order in regard to the previous order.

 

The reference is pretty non commital, don't see where they drop themselves in it.

[nutter192]

Re the reference, she is basically lying about my attendance and puntuality implying that I had lots of time off and was late.

 

Also, if you state that you wouldnt reemploy someone, how lower can you go than that??

 

Re the CMD order, is there a set way of requesting it or just a case of pointing out that she is not keeping to the order?

[papasmurf1cx]

Simply pointing out what has not happened and then asking for something to happen.

 

Re not employing you... surely this is the opposite of lying and is merely the truth. It may be that they will have trouble justifying it which is another thing entirely.

[nutter192]

I was just flicking through the Naomi Cunngingham book when I chanced on a page of medical reports. In disability cases, the tribunal will normally pay for the costs. I did not know this, have emailed the tribunal to double check what exactly I need to get a medical report on after ringing them to confirm they would normally pay for it.

[papasmurf1cx]

I was just flicking through the Naomi Cunngingham book when I chanced on a page of medical reports. In disability cases, the tribunal will normally pay for the costs. I did not know this, have emailed the tribunal to double check what exactly I need to get a medical report on after ringing them to confirm they would normally pay for it.

 

News to me. Interested in the reply you get. Somehow I doubt it though. Perhaps it is they will award costs rather than paying up front ????