I have raised an ET case against my employer for disability discrimination. We recently had the Preliminary Hearing and case management orders were issued. I am able to answer two of the four areas where I need to provide more information to the Respondent but am struggling on two. I have been on nil pay since December and can no longer afford legal advice. Have spent days /literally hours on the phone and emailing all those listed on the sources of free legal advice provided by the ET but none are able to help within the deadline : am starting to panic.
Just wondered if anyone had been through anything similar and could offer any advice?
The two areas I am struggling with are:
- the name of an actual comparator relied on for her direct discrimination claim. I was simply going to say I will rely on a hypothetical comparator. Is that sufficient or do I need to expand? I have been out of the business for several years so naming an individual in the same situation but without a disability has proven difficult/ impossible. I don’t even have access to a work contacts list so can’t see who is at my Grade etc.
- the Respondent has asked for ‘the acts or omissions she relies on as unfavourable treatment due to something arising from her disability (absence). ‘ I don’t really get this. Surely it’s everything that I have put down in the ET1? From the research I have done it seems that if I had been dismissed (which I haven’t ) I would put that down here. At present I am waiting to be reinstated after a long sick absence (related to my disability) but despite reassurances that they are seeking to find me a post six months after they said I would be posted I still haven’t been. This is why I am bringing the action?
Just wondered if anyone would be able to advise. I am pretty desperate. Have done lots of research and read lots of books but still struggling. Thank you. I’m so sorry for asking. Feel ridiculous about being in such a mess.