ADHD and the courts

[ethelp]

I have been unfairly dismissed and have started a claim against my ex-employer through the Employment Tribunal Courts (England).
I have ADHD. I was diagnosed a few years ago and take NHS prescribed medications, I know some people are skeptical that ADHD is bogus but I promise you, it's a thing and it has a big impact on my executive function, particularly when I am under a lot of stress. My ex-employer was not aware of my disability and it's has no bearing on the facts/circumstances of the actual case, as I am able and capable of some types of work and was very competent at my job, more my ability to use/access the court system.
I don't have any money for a solicitor (I'm struggling to be able to look for new work due to the dismissal and how it was handled) and so I'm living off my savings.
I don't qualify for any benefits or legal aid unfortunately.

I have told the courts I have ADHD via email but they don't seem to register this or try and offer accommodations. I have missed a deadline to submit further information relating to my case to them, but because of my ADHD and I also have been struggling with my mental health (getting counselling via my GP surgery which thankfully is NHS so I don't have to pay) it's very hard to complete the admin because I try and research case law etc to find the right language to use and I just get lost in it all and get overwhelmed and unable to complete the task within the (to me) tight deadlines.

Are there any phases or a way of asking the courts to consider my disability (ADHD) and how difficult it is to complete these sort of tasks particularly when under such stress?
The courts are warning me via email that they are close to striking my case out because I haven't completed the requests for further information.

When I look on the gov.Uk website it says to contact the court and staff there will help make reasonable adjustments (I need more time than most to complete admin tasks). But my emails to my local court don't get answered and they don't answer the phone line (I've tried ringing many times).

Can anyone help with the wording to include for a request for reasonable adjustments because of my ADHD?

On what grounds were you dismissed?

My ex-employer was not aware of my disability and it's has no bearing on the facts/circumstances of the actual case,

but you seem to be seriously struggling with the admin involved in the courts process. So your job didn’t involve any admin? deadlines?

what meds are you on?

How long were you with your employer?

Can't you get a no win no fee lawyer to help you?

OP won’t be back

It sounds more like you don’t know what you're doing rather than your ADHD is causing the issues here. That would likely be the same for anyone who is trying to navigate the legal system without professional help. I would try my best to find some money to get advice from an employment solicitor asap. I don’t think that expecting the courts to extend the time when your information has to be submitted to be a reasonable adjustment. Timescales are there for everyone involved in the matter, both yourself, your employer and the court system.

@MaloneMeadow I'd rather not say, but it was not performance related nor did it involve anything I had done (eg stealing etc).

@beliefbelieve no, not really. I have a degree and PHD, I can drive, run my own home etc etc.
ADHD does not automatically mean you can not work or that you can not cope with a level of admin or tasks. I'm quite bright/gifted in some areas and thrive at certain work. but some careers would definitely be impossible for me. I obviously choose to work in a job/career that fits my skill set and that I can cope with, and I have never had any issues with performance at work.

I manage fine with a low/moderate level of admin, I don't particularly enjoy it, but I have self-developed common sense strategies which enable me to do this without any dramas.
None of my ex-employers would have guessed I had ADHD unless they were very astute/were familiar with how ADHD presents in women.

Regarding the court case It's the sheer volume of the tasks, coupled with my lack of knowledge around employment law, with the stress and emotional dysregulation (an ADHD trait) of being unfairly dismissed that is the perfect storm.

@beliefbelieve lisdexamfetamine. I get my monthly prescription via my NHS GP surgery. It is a controlled drug so they don't tend to give it out willy-nilly. You need to be diagnosed rather than just request it.
I'm not sure why you would like to know this, but hope this helps.

@Soontobe60 I do get if you don't understand ND it can be difficult to understand that it is recognised as a disability. But it is and does have an added impact in my situation. But of course you are also right, and if I could afford solicitors I would gladly pay them to do this for me. It's very common for people to represent themselves in an employment tribunal because of the cost of legal help is so prohibitive. My disability makes it much more challenging for me to do this, but there is no funding for me to get legal help.

Are you anywhere near a University with a law school? They will often have a law clinic or a pro bono unit manned by students but with supervision by a qualified lawyer. That might be useful both for writing to the court, and more importantly for getting the papers together for a tribunal.

how long are the deadlines being given? In my experience they are normally pretty generous.

Do you have legal cover with your house insurance. They may help with employment issues .

OP kindly, I would ask yourself what you want to gain from this, and whether it really is worth pursuing.

Unfair dismissal claims are notoriously difficult to fight, and to win, and unless you were in a high profile, high salary job, the payouts if you do win are rarely worth the effort it took to get there.

Personally I would focus on finding another job.

Happy to be corrected but surely re its very hard to complete the admin because I try and research case law etc to find the right language to use and I just get lost in it all and get overwhelmed and unable to complete the task within the (to me) tight deadlines. the court doesn't expect you to present your case as a lawyer would?

do you have a partner op?

@MaloneMeadow I'd rather not say, but it was not performance related nor did it involve anything I had done (eg stealing etc).

you were found guilty of workplace bullying?

Do you think that you’re ever going to be able to fill out the paperwork? I don’t mean this to sound unkind but the most the court will do it extend the deadline, but will that really make a difference? Are you able to perhaps do it in small burst - instead of seeing it as a whole and therefore totally overwhelming could you set yourself smaller tasks - I.e today I am going to answer question one and then just do that. Give yourself breaks and do it in small chunks. It sounds like you’re using all your energy to worry about the court whereas it might be more productive to just make a little bit of progress each day. Don’t worry about the language, just write it in your own words and the court will understand.

Also perhaps look into ADHD organisations that can help and advise you. Other people with ADHD may have been through something similar and have some better advice and also they organisation may be able to offer practical support.

you could contact ACAS for advice

As a pp has said, a pro bono unit or law clinic could help with form filling. You don’t say anything about process - i.e. where to send the forms and by what means - so I take it that it’s only completing the paperwork that’s the obstacle.

I don’t practise in the ET but I can say that the courts generally recognise and accept that unrepresented parties will come before them very often, and judges will help explain court procedure and language. I would imagine this happens all the time in the ET.

Good luck.

I'm sorry, that's tough. It sounds like the process of dismissal stung, and I'm sure you have a whole range of emotions about it.

Setting aside the tribunal process, what are you wanting from this? I understand that ET don't tend to award large settlements and that the costs, including those of the other side if you lose can be extensive. To phrase the question really bluntly if I may, are the possible benefits worth the risks?

I have a DH with ADHD who would pursue things to the end of the earth & back again if I didn't stop him, so I do get this, but I wonder if your best future could be built by focusing on a new job rather than a tribunal??

What about the CAB?

if you did a phD you must have met deadlines.

were you not in a union?

I’m a HR Director with (unmedicated) ADHD. I have never ever missed a tribunal deadline.

if you want to message me I will try to help you, but I can’t imagine any tribunal will extend dates for you when you have already missed them.

You don’t need to research case law as a claimant, and the court does make allowances for those representing themselves.

Extensions to deadlines have to be agreed by all parties / it is extremely complex to allocate time for hearings and so information needs to be submitted in time for all
parties to consider and read submissions in order to prepare for the hearing. Hence you need to ask before the deadline for an extension.

what have you asked the court for in your email? Your ex-employer isn’t likely to go gently for a condition they weren’t aware you had. How long were you employed?

appreciate you may not want to give specifics here but happy for you to message me, as I said.

OP another poster has suggested university law clinics. Another possible option is a Law Centre. Can you find out if there are any in your area? I am in the NE and know that there is one in Newcastle. There may be others near you.

this is not the point of the thread, but are you finding lisdexamfetamine helpful? I've just started it but im on a low dose i think- not sure if it should be increased