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Do you have a question to ask? I think you may have accidently deleted some of your post! ?

 

Hi

 

I need your views urgently.

 

i have always found opinions and views here very useful as you guys are not only knowledgeable kind also.

 

At the moment, I am awating a pre-hearing for unfair dismissal and disability discrimination.

I had a CMD and two other PHR couple of months ago. The Judge has ordered a lists of specific directions for both parties, but the Respondents law firm continuously breaching the ET Order, and despite my complaints it appears that they are unrelented in their inappropriate behaviour.

 

The Judge Ordered me to provide all my GP documents including specialists reprot as regard my 'Disability' for Respondent to obtain their own medical report based on my disclosed documents.

 

Subsequently, Respondent referred me to be assessed by Respondents Occupational Health Consultant. On assessment, the latter agreed with my disability and recommended readjustments for return to work.

 

Unfortunately, on receiving their own Occupational Health report, they came back asking me to see a private consultant instructed by them in order to obtain a medical report as above purposefully, misinterpreting the Judge's Order. I refused to attend such an examination as I was not required to do so as per the Order. In turn, Respondent applied for an Unless Order, but Judge refused giving the same and agreed that there was no express reqirement in the Order, but Judge says as this is now clearly a dispute' whether a medical examination is necessary' he asked both parties to give submission in this matter in the forthcoming PHR.

 

i am surpised to that why has judge wanted to here a submission on the same matter when it was already discussed and agreed in the cmd that i have only to provide my medical documents to their specialist, besides seeing their occupational health for advice.

 

Can a Respondent pursue the Judge by not complying the Order to reverse his own Order on the same issue??

 

I will be exremely grateful for any advicce, opinion or views form all of you. And i promise I will keep you update.

 

NB. I am in notice period, ending in a month time.

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Ok, well your first submission should be a request that the exact wording of the initial order be followed. You should think of some good arguments as to why your GP records should be adequate (I presume they are disputing your disability?) it's difficult to advise further without seeing the precise wording of the first order.

 

Secondly yes, it's possible that a further order may be issued. I suppose you could argue it would be disproportionate to have to attend a second medical examination as the gp records and your own report should suffice. If there's enough evidence in the GP records alone, point out the disability is self evident.

 

It is theoretically possible to have another order as some order will need to be made as a result of any CMD or PHR. You should argue (if relevant) that their persistent refusal to accept the evidence on offer is unreasonable and vexatious conduct. Unfortunately, threatening them with costs would be useful at that stage, but if you don't have a legal rep, you cant do that.

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Ok, well your first submission should be a request that the exact wording of the initial order be followed. You should think of some good arguments as to why your GP records should be adequate (I presume they are disputing your disability?) it's difficult to advise further without seeing the precise wording of the first order.

 

Secondly yes, it's possible that a further order may be issued. I suppose you could argue it would be disproportionate to have to attend a second medical examination as the gp records and your own report should suffice. If there's enough evidence in the GP records alone, point out the disability is self evident.

 

It is theoretically possible to have another order as some order will need to be made as a result of any CMD or PHR. You should argue (if relevant) that their persistent refusal to accept the evidence on offer is unreasonable and vexatious conduct. Unfortunately, threatening them with costs would be useful at that stage, but if you don't have a legal rep, you cant do that.

 

Thank you very much Becky for your thoughtful comments.

 

Its very useful! I am surprised that not alone my GP records and field experts report, in addition their own Occupational consultants report agreed and admitted my disability and even Occ. Con recommended readjustments for return to work. Earlier, they insists that they would require Occ advice in this regard prior to return to work and any further referral would a decision of the Occ Consultant. the consultant did not see its required.

 

It looks like they went back on their words as the OH report not in their favour.

 

Even Judge declined issuing the Unless Order for the reason that ' medical examination' was not expressly mentioned in the Order. In spite of this, i find it hard to understand why the Judge again ask us to make submissions in this regard.

 

I wonder would it be a good idea to stick to Occ Health report, as a contractual binding...so no more examination!

 

Please all comments or any case laws reference is highly appreciated.

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