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Proving your disabled at employment tribunal hearing

rico75
rico75 Member Posts: 7 Listener
edited May 12 in Work and employment
Post tribunal hearing 2nd time round I have been requested to attend a 3rd meeting in person to prove I was suffering with heath conditions which relate to the Equality Act 2010.
Briefly Uncontrolable Blood pressure at it's worst was 186/160 at and age of only 44 years young!.
On going meds still on them since October 2019
Depression low mood and to add to this Obstructive Sleep Apnea.
Despite Quoting the statement that you are deemed disabled where upon health conditions make your day to day life difficult I still have to prove this at a hearing.
As anyone else had this to contend with?.
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Comments

  • janer1967
    janer1967 Member Posts: 12,761 Disability Gamechanger
    Hi there 

    What is the tribunal for ? Is it a benefit tribunal ir employment tribunal your post diesnt really indicate 
    I have professional experience in HR within public,  private, and charity sectors.  If I can help I will 
  • rico75
    rico75 Member Posts: 7 Listener
    Dissmisal due to availability despite complying with contractual T and C's.
    Sick notes OH appointments etc.
    Also dissmised 20 minutes before end of shift 
  • janer1967
    janer1967 Member Posts: 12,761 Disability Gamechanger
    You don't have to prove a disability but the definition is 

    You’re disabled under the Equality Act 2010 if you have a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on your ability to do normal daily activities.

    The condition should be expected to last 12 months or more 

    I have professional experience in HR within public,  private, and charity sectors.  If I can help I will 
  • mikehughescq
    mikehughescq Member Posts: 7,790 Disability Gamechanger
    I think your issue is not proving that you have a disability so much as proving you’re covered by the Equality Act 2010 i.e. showing a substantial impact.
  • Cher_Inactive
    Cher_Inactive Posts: 4,414

    Scope community team

    edited May 12
    Hi @rico75

    I'm sorry to hear you're going through this, are you getting sufficient support with your mental health and other conditions?

    To supplement the advice already received, I'd recommend looking at the Central London Law Centre's Proving disability and reasonable adjustments: A worker's guide to evidence under the Equality Act 2010 from page 10-27.  It has some good tips that will help you evidence that your impairments constitute being disabled under the Equality Act 2010 definition.  

    If you could keep us updated with how you get on that'd be fab and as ever, we're here if you have any other questions.  Best of luck.

    Just to add: I've slightly tweaked the title of this post and moved it to our Employment and careers category to help others spot it.
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  • mikehughescq
    mikehughescq Member Posts: 7,790 Disability Gamechanger
    If they're telling you to prove you're disabled, they're in breach of the 2010 Equality Act IMO.

    That is clearly not what they’re saying. Good to see you back in yet another guise.
  • janer1967
    janer1967 Member Posts: 12,761 Disability Gamechanger
    @MrAllen2K21this is relating to an employment tribunal so I am sure the panel are fully aware of the equality act 
    I have professional experience in HR within public,  private, and charity sectors.  If I can help I will 
  • lisathomas50
    lisathomas50 Member Posts: 4,695 Disability Gamechanger
    Has Mr Allen gone again ??

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