ET1 accepted. Why is my preliminary hearing in October? What does this mean?

shellbell20

Hugo51 said:

shellbell20 said:

Hugo51 said:

Hi @shellbell20 just wondering how it all went?

It went, wasn't completely prepared for what happens. I will be next time, apparently, I have to prove my disability, I guess that's to add insult to injury. Don't have a problem with that, nor the fact they were totally aware of it and that my disability affects me on a daily basis.  I did get a call from ACAS about settling, but we shall see how that goes, I am not going to be playing games. I've been through over 6 months of hell and I've paid a price over and over again with my mental health it has had a severe detriment to me with absolutely everything, to be honest.

Wow they don’t make things easy!
I'm guessing it won’t be hard to prove your disability but that’s not the point, it’s the extra stress of it all which you certainly don’t need …. Sounds like they know you have a good case so hang in there, fingers crossed for a good result for you 

It won't be hard to prove my disability, I could actually overload them with doctors reports going back over 30 years. It's the fact that they want me to have such personal information available and it's extremely personal things from my childhood. I won't forgive them for that if I am made to do so and I will be asking for the highest award due to the unnecessary trauma it will cause me. 

shellbell20

@Username_removed I have already looked at the Vento Scale, named the amount I feel that my case is worth.  As for the disability part, I know it is not just the medical reports but how it affects your day to day living. I don't think it's easy but if I tell the truth about how it impacts my life daily and does, it has a profound effect on me, to the point I never open the blinds, never go out until there is no-one is around or very little people and it is dark. I can't boil chicken for my cat, as I forget I have put it on, even when I set a timer, I forget it has gone off and then the pan boils dry. It's the little things, that are the HUGE things.  Just even brushing my teeth, having a shower is an effort, absolutely exhausting when I can be bothered. However, this if my life, this is how I live it day to day and although it seems pathetic to the average person, it's my reality.

shellbell20

@Username_removed Further adding to how it affects my daily life. I was on a degree course in Nursing until they told me I had to see their doctor who told me I was depressed and had to step down until I was better. I had no idea I was, but once they made me then I was on the sick for a very long time, when I did gain employment I was on disability working allowance for around 4 years. I never realised how depressed I was, to be honest, I thought it was all very normal and everyone was that way. When I went to a few capability interviews they told me I was depressed too. All I ever do is tell the truth, however when in employment I didn't tend to announce it. That is until I realised my mental health is nothing to be ashamed of. In the last couple of jobs, I have been very open about it all with my employers as I don't need to feel that shame and guilt anymore, it needs to be an open and frank conversation. Alas, my last employer seemed to think I was nothing more than a nuisance. As I get older it's harder to rebound from the prejudice and quite frankly I don't have the energy to fight injustice, but I will in the court.

shellbell20

@Username_removed I'm not arguing just saying it indeed has a substantial impact in my day to day life  I remember the Life of Brian, showing my age now lol

Hugo51

Username_removed said:

I’m not here to argue the point but I think you’re confusing his it’s changed your life with how it impacts and whether that is substantial. It’s a subtle difference but an important one. 

Glad you’re familiar with Vento. If you know where you’re pitched then negotiating is a but like the bartering scene in Life of Brian.

@Username_removed did I read somewhere this is considered how you would be without the benefit of medication?

shellbell20

@Hugo51 I have read that too, they have to look at what you would be like without medication, it's on a few cases that did go to tribunal.

Hugo51

@shellbell20 just heard I have a preliminary hearing end of January, an hours telephone conference call 

shellbell20

Hugo51 said:

@shellbell20 just heard I have a preliminary hearing end of January, an hours telephone conference call 

Mine was 2 hours and that wasn't long enough. All I can say is don't make my mistake, the respondent's solicitors sent a finished document only a day or so before the hearing and I didn't print it out. I didn't even realise I needed to follow it and when I did online stupid adobe acrobat wouldn't let it open properly for me to follow. 

You should find that the judge will lead you with questions and explain things you don't understand. I think you address them madam if female, probably sir if it's a male, but just follow what the solicitors address the judge as.

If you don't understand any point don't be afraid to speak out. Normally at the end, they give directions, however, in my case they are yet to post them as we ran out of time. 

 Don't be surprised if you receive a phone call from ACAS a few days later to settle as I did. Still waiting for a response from the respondent but nothing thus far. I guess it is just one big "cat and mouse" game. 

I am not going to play though. I am so done with all the BS, the decline in my mental health has been great and I am not going to allow them to add to it by dragging their feet. I need to get the energy together to collate evidence against them and just take them to task on it all.

Good luck, I'm rooting for you!

Hugo51

@shellbell20 thanks for that, gives me an idea what to expect, my solicitor is going to give me a consultation soon , I’m hoping he will be answering most of the questions at the preliminary hearing, did you have solicitor representing you?
my solicitor says it’s just for the judge to get an idea about the case and set a date for later in the year.

shellbell20

Hugo51 said:

@shellbell20 thanks for that, gives me an idea what to expect, my solicitor is going to give me a consultation soon , I’m hoping he will be answering most of the questions at the preliminary hearing, did you have solicitor representing you?
my solicitor says it’s just for the judge to get an idea about the case and set a date for later in the year.

I had no solicitor, I am the middle of trying to get one, just not really been well enough to do anything, it's an effort to get up, an effort to sleep if I do at all, but once I get a good day which is rare I will talk to my doctor, sort out the useless union and ask for prove again they don't help me at all, get a SAR underway, sort out a place to live etc. I am just so overwhelmed right now that i can barely make it through the days to be honest

Hugo51

shellbell20 said:

Hugo51 said:

@shellbell20 thanks for that, gives me an idea what to expect, my solicitor is going to give me a consultation soon , I’m hoping he will be answering most of the questions at the preliminary hearing, did you have solicitor representing you?
my solicitor says it’s just for the judge to get an idea about the case and set a date for later in the year.

I had no solicitor, I am the middle of trying to get one, just not really been well enough to do anything, it's an effort to get up, an effort to sleep if I do at all, but once I get a good day which is rare I will talk to my doctor, sort out the useless union and ask for prove again they don't help me at all, get a SAR underway, sort out a place to live etc. I am just so overwhelmed right now that i can barely make it through the days to be honest

@shellbell20, does your union not provide you with a solicitor? They are providing me with one thankfully, worth asking them maybe? 
Sounds like you are having a really hard time of it, hope everything works out well for you in the end , rooting for you, I know what it’s like with poor mental Health 

shellbell20

Hugo51 said:

shellbell20 said:

Hugo51 said:

@shellbell20 thanks for that, gives me an idea what to expect, my solicitor is going to give me a consultation soon , I’m hoping he will be answering most of the questions at the preliminary hearing, did you have solicitor representing you?
my solicitor says it’s just for the judge to get an idea about the case and set a date for later in the year.

I had no solicitor, I am the middle of trying to get one, just not really been well enough to do anything, it's an effort to get up, an effort to sleep if I do at all, but once I get a good day which is rare I will talk to my doctor, sort out the useless union and ask for prove again they don't help me at all, get a SAR underway, sort out a place to live etc. I am just so overwhelmed right now that i can barely make it through the days to be honest

@shellbell20, does your union not provide you with a solicitor? They are providing me with one thankfully, worth asking them maybe? 
Sounds like you are having a really hard time of it, hope everything works out well for you in the end , rooting for you, I know what it’s like with poor mental Health 

They don't even answer the phone when I have the strength to ring them

Hugo51

Wow that’s shocking !!

shellbell20

Username_removed said:

shellbell20 said:

@Username_removed Seems you were correct about posturing.  I know you said you don't accept the first offer or such, but have you ever been in the position where they want to settle but they want you to name the amount?  If so is this "game-playing"?  Also if you do come up with a figure, do they tend to procrastinate before coming back to you with a counteroffer? Sorry in advance for so many questions.

Have been in exactly that position as both a rep and a claimant. Do your research. There are bandings for different types of claim. Choose the right banding; name your price and enjoy the bartering. Remember that if ACAS are involved and you’re made an offer you reject then at the point they will go no higher you must either accept or risk going to UT. 

In one of my cases I asked for a sub £10,000 figure knowing it wasn’t worth that and we settled for 5/9ths of that. In another they made the first offer of £1,000. I countered with £6,000 and we eventually settled for £2,500. The Naim thing here is to understand the bandings and get good advice on how to negotiate. 

I would be very concerned with the “proving your disability” element of your case. I would not dismiss that as an easy thing at all. They’re likely not asking you to prove your disability. More likely to be asking you to prove you are a disabled person u set EA 10. The level of proof an employer might accept for that is often much lower than the level a tribunal might accept. Really important to note that medical evidence may not assist at all here as the test is one of whether your health has a substantial impact. Now my employers have always accepted that my inability to drive meets that test. It is by no means a given that a tribunal would. 

shellbell20

I did my Disability Impact Statement, uploaded medical evidence and the respondents conceded, saying I was disabled. However, I was expecting them to say they didn't know and yep they said they weren't aware of it, although quite a few emails about my health were exchanged.  So it's off to FH we go, now I don't have to have a PH to prove I have a disability. I guess they take advantage of my ill health to wear me down and they are wearing me down, but I won't back down as it just makes me feel very angry that they want to put me through this trauma. I will have justice!