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Employer still won't accept I am disabled in a Tribunal case

DragonCat16

I have been through a nightmare at my previous employer, who bullied and discriminated against me. What they did to me has left me unable to work or even function. I have taken them to the Employment Tribunal. You can read details if you search my previous posts.

At this point, they are still claiming that I am not disabled and that I wasn't disabled at the time of my employment. One of the things they claim is that they don't believe that I have ASD. This is despite the fact that I have provided them with a letter from the psychiatrist who evaluated me and diagnosed me with ASD. They are demanding that I provide expert evidence, even though I have already provided the evidence in the form of that letter. What could they possibly be asking for if not what I have already provided?

Even though I provided an impact statement of several pages, they are saying that I didn't provide proof of each paragraph in the document. The way the judge described the impact statement when it was requested of me was that it needed to describe how my disability affects my day-to-day activities. He didn't say I need to provide proof for everything. If I had, it would have been a ridiculous number of pages, and they were already complaining about  the number of pages I provided to them. I provided my former employer with the documents they requested, and now they claim that they have factual inaccuracies, but of course they don't list even one of those supposed inaccuracies.

Some people on this forum have said that their impact statement was only one page and it was accepted by the employer right away. I provided considerably more than that and they are still not accepting my disability. I know that they are doing this because the only way they can get out of being found responsible for what they did to me is to convince the tribunal I'm not disabled.

This is really causing me a lot of distress and it's as if they didn't even read the documents I provided. I don't understand why they are further risking their reputation by continuing to treat me this way.

Has anyone had this much trouble at the trbunal getting their former employer to accept their disability? Did the Tribunal eventually decide that you did have a disability? What evidence did you need to provide?

Thanks very much in advance.

Parents

  • From what you have written here it now seems as if it is too late to worry about it.

    First of all it is now not up to your employer to decide anything.  All as the employer can do is provide evidence as to why they think you should not be classed as disabled.  It is up to the judge to decide on the basis of probabilities (not beyond all reasonable doubt) as to whether to accept or not accept any evidence.

    You appear to have had your case heard in a preliminary hearing, and the judge has asked for proof of the fact your autism causes problems in your everyday life.  Your diagnosis report should have been able to prove this, but it seems like he also wanted further details, such as you suffer from sensory overload (causing you confusion), you have difficulty processing information (causing you to appear very hesitant), you have trouble with social interraction (causing you to misunderstand things, take things literally and find it difficult to engage in chit-chat as well as being unable to interpret or exhibit so-called 'body language'), you find friendships difficult, you are frequently misunderstood, you are suffering from chronic anxiety and liable to depression, others find it difficult to engage with you, you are someone who likes to work alone, you hate change, etc.  With your assessment this should then be taken with the aforementioned and further proof should not be required although you may be cross-examined about it. 

    Cases submitted to an employment tribunal have to go through several stages.  A judge will decide whether the case has enough chance of success at one of several iniital stages and to me this seems to be what is happening in your case.

    You have presented evidence to the judge, and I think the judge will have read the information that has been provided to him.  He should realise you do not verbally interract well  which in itself is showing how you are affected in everyday life, so I would try to remain upbeat (I know it is easier said than done).

    Are you being representated by a solicitor or do you have a support worker?  If so they should be able to provide some reassurance for you.  But as I say, it is too late to worry about this now.

    I have a case before the tribunal, with a preliminary hearing in October.  But my employer on hearing this are trying to dismiss me in the meantime by offering me a 'settlement agreement' which they say they will dismiss me on grounds of performance if I don't accept.  Employers can be really nasty and mine is very much so.  What I have been offered is a considerable sum I admit but I have to look at the wider issues, and the fact that I am unlikely to get another job.  I also am very uneasy about accepting a 'bribe' and having the employer coming up without any consequences as to its treatment. 

    You also have the right to request a 'reconsideration' if this initial hearing is unsatisfactory to you which you have fourteen days to request.

    I hope it all goes well for you.

Reply

  • From what you have written here it now seems as if it is too late to worry about it.

    First of all it is now not up to your employer to decide anything.  All as the employer can do is provide evidence as to why they think you should not be classed as disabled.  It is up to the judge to decide on the basis of probabilities (not beyond all reasonable doubt) as to whether to accept or not accept any evidence.

    You appear to have had your case heard in a preliminary hearing, and the judge has asked for proof of the fact your autism causes problems in your everyday life.  Your diagnosis report should have been able to prove this, but it seems like he also wanted further details, such as you suffer from sensory overload (causing you confusion), you have difficulty processing information (causing you to appear very hesitant), you have trouble with social interraction (causing you to misunderstand things, take things literally and find it difficult to engage in chit-chat as well as being unable to interpret or exhibit so-called 'body language'), you find friendships difficult, you are frequently misunderstood, you are suffering from chronic anxiety and liable to depression, others find it difficult to engage with you, you are someone who likes to work alone, you hate change, etc.  With your assessment this should then be taken with the aforementioned and further proof should not be required although you may be cross-examined about it. 

    Cases submitted to an employment tribunal have to go through several stages.  A judge will decide whether the case has enough chance of success at one of several iniital stages and to me this seems to be what is happening in your case.

    You have presented evidence to the judge, and I think the judge will have read the information that has been provided to him.  He should realise you do not verbally interract well  which in itself is showing how you are affected in everyday life, so I would try to remain upbeat (I know it is easier said than done).

    Are you being representated by a solicitor or do you have a support worker?  If so they should be able to provide some reassurance for you.  But as I say, it is too late to worry about this now.

    I have a case before the tribunal, with a preliminary hearing in October.  But my employer on hearing this are trying to dismiss me in the meantime by offering me a 'settlement agreement' which they say they will dismiss me on grounds of performance if I don't accept.  Employers can be really nasty and mine is very much so.  What I have been offered is a considerable sum I admit but I have to look at the wider issues, and the fact that I am unlikely to get another job.  I also am very uneasy about accepting a 'bribe' and having the employer coming up without any consequences as to its treatment. 

    You also have the right to request a 'reconsideration' if this initial hearing is unsatisfactory to you which you have fourteen days to request.

    I hope it all goes well for you.

Children
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