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et advice - preliminary hearing

(9 Posts)
wtfisgoingonhere Sun 19-Jul-15 15:51:55

Can anyone help advise me. Logged an ET claim (disability discrimination) which was accepted and received employers response.

I expected next step would be a court date but I have to take part in s preliminary hearing (by phone)

Can anyone advise what to expect? By going to this first does it reflect on what they consider my prospect of success is?

BrassMonk Sun 19-Jul-15 16:12:36

Hello,

In my experience this is fairly standard in claims which allege discrimination. They are attempting to ascertain whether or not your claim meets the basic standard (I.e in your case, whether or not they think you may be able to show that you are disabled). Preliminary hearings were previously used to knock out any vexatious claims, although the need for this has obviously reduced due to fees. Discrimination claims also tend to be more complicated, so this hearing will give you an opportunity to work with respondent representative to reduce work needing to be done prior or at hearing, e.g. You can agree undisputed facts, agree documents that need to be presented etc. try not to worry too much. It really is just 'preliminary' smile

wtfisgoingonhere Sun 19-Jul-15 17:32:36

Thank you for your response, I just typed a reply then Internet crashed
I know they will dispute disability as the claim can then be thrown out
At one point OHealth said they didn't THINK that AT PRESENT the condition would be covered by equality act and they've clung to that since, along with denying all knowledge anything ever happened

LibrariesGaveUsPower Sun 19-Jul-15 17:36:14

Preliminary hearings Does the letter explain what they want to cover? A phone hearing I would expect to be very much admin - dates to exchange documetns, witness statements, hearing dates. Make sure you have your diary and can commit to deadlines. The judge will be v peeved with you if you come back later saying you can't meet X deadline because you always knew you'd be at your great aunt Maud's 100th birthday on that day...

LibrariesGaveUsPower Sun 19-Jul-15 17:37:52

Actuallly this is better.

Do make sure you are very clear what your claim is. No offence, but if you drafted it yourself it may not be entirely clear which heads of claim you are using and which acts you are relying on. Getting that itemised out helps everyone.

BrassMonk Sun 19-Jul-15 20:44:52

And additionally a recent case means that whether or not occ health have confirmed it is covered by the Equality act or not is irrelevant, if your employer had enough information to draw their own conclusions that you were in fact disabled. Case is gallop v Newport city council if you want a look. Agee with pp that it is mostly admin.

LibrariesGaveUsPower Sun 19-Jul-15 21:27:53

Hang on. You've posted two indentical threads haven't you. I've responded on both and now I've confused myself.

wtfisgoingonhere Sun 19-Jul-15 22:44:52

Thanks again for the advice, yes library I did, sorry to confuse! Have only ever posted on aibu so posted there but then thought this was a more appropriate area

Thanks againsmile

alicewright86 Sun 26-Jul-15 07:32:56

Hey, preliminary hearings are standard for discrimination claims. They are often referred to as case management discussions too.

You may see that an Agenda has been included which will need to be agreed with the respondent and sent to the ET beforehand. If the respondent is legally represented they can do it. It's just to my life easier for the Judge so it will discuss what claims you are bringing, I.e direct discrimination in accordance with section 13 of the equality act 2010, what issues there are (I.e do you meet the definition of a disabled person. If the respondent say no you may find you're ordered to obtain a medical report) and thereafter the Orders. This is a timetable for when things need to be done, I.e schedule of loss prepared by 20.10.15/bundle of documents agreed by when...

Don't panic about this hearing. Nothing can be decided yet.

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