Treatment for injustice

just4once

Well as a neuro diverse person and having cptsd caused by my ex employers negligence then dismissed and trapped now  never to earn again as no way would they believe me on my own with no legal help available especially with communication difficulties they won in court as it was judged I asked to be dismissed for capability what do I do now

poppy123456

I'm sorry to hear that. You can't appeal a Tribunal decision because you disagree. You can only appeal on error of law. You will need to get some expert advice. There's some information here. https://www.gov.uk/appeal-employment-appeal-tribunal

just4once

So I lost my case because I could not express my needs my evidence was intercepted in a NT way and despite me asking for my asd person to attend she did not lI had a mental health advocate who could say nothing while I had to give my evidence through experiencing sensory overload and trauma caused by my employer yet the health and safety laws were ignored completely even though I now have cptsd I do not understand 

Hannah_Alumni

I'm so sorry @just4once Can I ask, do you have support around you?

just4once

I have a few friends my family are worn out by it all 

Sandy_123

Sorry you lost @just4once

Hannah_Alumni

I hope they are a good support for you, you have the community here for you too

just4once

I just don’t know what to do now I have always worked now I can’t ever again they did wrong and I get punished 

Hannah_Alumni

Can you appeal @just4once? 

just4once

Not on my own without support 

poppy123456

Hannah_Scope said:

Can you appeal @just4once? 

No, you can't appeal a Tribunal decision just because you think it's wrong. This is another thread from the OP about their Tribunal, which i commented on. https://forum.scope.org.uk/discussion/101647/treatment-for-injustice#latest It maybe a good idea to combine both threads to save confusion.

Spoonbill

Very sorry to hear that the judgement didn't go in your favour, just4once. After dedicating yourself to your case - and along with your family attending the hearing, then seemingly moving positively - to still come out feeling as though the same lack of awareness persists...well, it makes me also sad to hear it.

As you say, without legal support to assess against highly specific procedural points and precedents it does seems that you risk banging your head against a wall - also bearing in mind that it's possible for the process to be found in error yet immaterial to the judgement (so just paperwork for your trouble).

If seeking a more informed perspective on the legal merits for appeal, as far as I can see DLS or Support Through Court ought to be available - you said previously that you contacted the latter, but that ought not bar you from offering up this outcome for a (para-legal) opinion. Either place would only refer you for full consideration if they could detect "reasonable prospects for success", however, and perhaps also depending on available capacity.

Trying to walk a fine line between my damping your fire or stoking it, clearly you've been through a lot. Your determination comes across powerfully, and I suspect most will be wary of crossing the line into suggestions which could potentially prove reckless or at least demand a string of caveats. I once tried to follow up on tribunal appeal case law and quickly realised that without legal training I might as well be trying to read ancient Egyptian.

Do you think perhaps NAS (or similar) could add some more dimension on balancing self-care with this all??

Spoonbill

Sorry to continue...but in another thread Steve23 pointed out that you can ask for a reconsideration first, rather than going directly to appeal. Apparently this has a short window, though.

FWIW I think you'd be more informed by reading CAB's page on it than the abridged UKGov page. Ensuring you get the written statement of reasons first seems pretty important, but I think I'd be contacting e.g. DLS or Support Through Court (as above) regardless to avoid overlooking any steps. I'm wondering about this advocate that you were supplied as well and whether the arrangement could be said to have met the equality obligation of the tribunal - I appreciate that might be a complex argument for the likes of an appeal solicitor, though.

just4once

Thank you for your support I have managed to speak to acas this morning I have 14 days to ask for reconsideration support through court don’t deal with cases in Aberystwyth only Cardiff I did also ask my asd ot to support me but that was only by letter and personal profile as for my advocate she is only there as a mental health advocate and was not allowed to communicate for me when I had breakdowns ,overload  causing me to shut down and feeling misunderstood unable to communicate my needs effectively at the hearing due to asd and cptsd  on top of dealing with the medication and it’s side effects too how on earth could I have had a fair hearing in a NT world 

Alex_Alumni

I'm glad you've been able to speak to ACAS @just4once, thanks for updating us.

just4once

Finally last week my reconsideration was refused and the systems failed yet again .I still am trapped living how I am ,the c ptsd is difficult to try and manage my mobility has got worse I have today had an MDT meeting with social worker ect to little avail I was told I was lucky to have a Pa as they are in short supply I am worn out