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Help with employment tribunal

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Gemmalou88
Gemmalou88 Community member Posts: 3 Listener
I've just submitted a claim to employment tribunal for disability discrimination, failure to make reasonable adjustments and loss of earnings. Does anyone have any advice? I'm really anxious about it and have no idea of what to expect, I'm trying to get all of my paperwork in order but not sure what else I'm supposed to be doing
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  • janer1967
    janer1967 Community member Posts: 21,964 Disability Gamechanger
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    Hi and welcome to the community 

    Have you been in contact with acas at all they are the best for employment advice they have a website 

    You can also seek advice from employment law solicitor you should be entitled to 30 mins free advice 

    Also cab may help

    I have limited knowledge of tribunal but I do have lots of experience with employment law 
  • Gemmalou88
    Gemmalou88 Community member Posts: 3 Listener
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    janer1967 said:
    Hi and welcome to the community 

    Have you been in contact with acas at all they are the best for employment advice they have a website 

    You can also seek advice from employment law solicitor you should be entitled to 30 mins free advice 

    Also cab may help

    I have limited knowledge of tribunal but I do have lots of experience with employment law 
    Thanks Janer1967, I've spoken to ACAS who tried early conciliation but my employer wouldn't talk, so they've issued my certificate for tribunal. I have a Union rep who has been fantastic but my problems predate my membership by one day so they're unsure now if they'll be able to represent me in tribunal, I'm getting pretty stressed about it because of I'm honest I haven't got a clue what I'm doing! 

    My employer refused reasonable adjustments on the basis that my GP had signed me unfit for work but adjustments were refused when I was in my self certification period as I knew I was unable to continue to do my role, so the GP signed me unfit on that basis now they're trying to use it against me. 

    I was signed off work for 6 months (5 months on nil pay) and last week (they knew that we would be applying to tribunal) they finally redeployed me to a different role. 

    Any help or advice beforehand would be gratefully received 
  • janer1967
    janer1967 Community member Posts: 21,964 Disability Gamechanger
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    In all honesty most don't actually end up in tribunal 

    They try to avoid it getting that far especially if you have a strong case which it seems they have realised that by now redeployment you 

    Once your case has been lodged and agreed to go forward they will be sent notification and requested to respond in given time 

    Court will inform you of any evidence to submit eg emails letters statements witness etc 

    Eventually a date for pre hearing will be given where you attend to go over your case 

    Then a hearing date 

    You can represent yourself it is a more informal setting than a court 

    Representative would come at high cost prob more than you would win don't be sucked in by legal reps that they can do no win no fee and get you massive compensation 

    As prev most cases don't get that far they settle out of court 
  • Steve23
    Steve23 Community member Posts: 16 Connected
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    Sorry to hear that you’ve been badly treated by your employer.
    It sounds like you’re doing all the right things.
    I know it is very frustrating, having to go through all this rigmarole just to get your basic rights.
    Try to stay strong (it sounds like you are doing), and I think talking things through with a trusted friend or family member always helps.
    Also, I would recommend investigating whether your employer offers a free counselling service? Many do now, or you could ask if they would be willing to pay for counselling for you.

    Citizens advice bureau are usually very good at providing advice. If you haven’t tried them already, I would definitely recommend that.

    Don’t worry about the tribunal itself. I know it seems scary, but they will start with a preliminary hearing, which is more of a fact finding discussion than a court case. And tribunal judges are very used to talking to people who are not used to this sort of thing.
    So a judge will go out of their way to be approachable, put you at ease, and explain things.

    If the preliminary hearing goes well for you (it sounds like you have got a very strong case), then the judge will most likely progress your case to a full tribunal hearing.
    At this stage, your employer will almost certainly make you a settlement offer, to avoid a full hearing.
    Employers try to avoid full hearings because it is very expensive for them, and as your employer weighs things up by money, it will be cheaper for them to settle.
    It sounds like you are doing really well getting all your documents together.
    Have a look online for charities in your area that offer free representation. They have waiting lists, so the sooner the better.
    Also many solicitors offer free 30 minute advice sessions- have a look at The Law Society, find a solicitor. 
    I hope your case is successful, and that you manage not to get too stressed about it all.
    The Equality Act 2010 is the law, which is on your side.
    Also be aware of the Employment Appeal Tribunal, which is a higher authority than the employment tribunal- if your case isn’t successful, for any reason.
    Ask CAB about this.
    Good luck, Steve23 
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