Employment Tribunal - reasonable adjustments (disability)?

[ETFOI]

I have a neurodevelopmental disorder (diagnosed by a NHS hospital consultant and for which I take daily medication via my NHS GP).
The neurodevelopmental disorder I have is classed as a disability.

I was unfairly dismissed from my employment (not for disability reasons) and I am taking my ex-employer to a ET and am part-way through the case which looks like it may take another 12-18 months.
I am representing myself as my house insurance does not cover my claim and I do not have the funds to pay for a solicitor/barrister.

Please don't advise me to withdraw the case, I am not going to do that because I know the treatment against me by my ex-employer was immoral and unlawful and it's important to me to do this.

I have asked the tribunal court via email what adjustments can be made by the court in view of my disability, but the court does not respond.
The telephone number the court provides is not answered.

A reasonable adjustment to me in light of my particular disability would be for example giving me more time than would usually be allowed to provide further information or comments to court orders sent to me.

I have been emailed court orders listing and requiring me to sent my information to the court and other side where the deadline for me sending the information has already passed - how the hell this works for anyone is beyond me, but just adds to the pressure because I am not able to time-travel (like everyone) and I am also not able to complete the paperwork (which is quite involved as you can imagine) under tight deadlines.

Can anyone with some knowledge of this area advise?
Many thanks.

I would imagine it's not a standard 25% extra time like it is for public exams, but if you haven't had time to go through papers, them accepting a request for more time to do so. However, as you say things move slowly so you may well find you have more than enough time to prepare things anyway.

You can ask courts are incredibly slow at the best off times
they may deem you have a generous amount of time anyway

the majority of the time they will offer an out of court settlement not admitting it but just to shut it down it’s cheaper
but please be careful I think if you refuse offer and plough on and get awarded less than there offer you can be made to pay there court costs

people have been bankrupted by this

The next court appearance (case management hearing rather than a judgment) isn't until next year.
I was given 14 days (most of which I was abroad on a pre-existing trip) to give detailed information which would take me a fairly long time to reply as I need to go through my notes and then read up about employment law/discrimination law to ensure I've worded my case properly.

I was given the court order telling me what further information I need to submit after the 14 days had already lapsed.
I know the courts are in disarray, but this seems bonkers to me.

I'm not expecting an offer from the other side, I'm sure this will have to go all the way, if I don't fail to get the case seen due to my disability holding me back getting the paperwork submitted.

Can the acas website offer any advice? Failing that can you contact them?

I’m confused. Are you saying the courts only sent out the paperwork after the date by which they wanted it returned? If so, that’s obviously an issue which should be addressed regardless of one’s disability status.
If, however, you mean that you only had 14 days to complete it but couldn’t because you were on holiday, that’s not a valid reason to expect a reasonable adjustment.

Please don't advise me to withdraw the case, I am not going to do that because I know the treatment against me by my ex-employer was immoral and unlawful and it's important to me to do this

The only advice I’d give is to think about whether you can afford to lose the case and be awarded costs against you. I’m assuming that as you can’t afford a lawyer, you probably cant afford costs. Don’t let pride get in the way of financial ruin!

Trying to get extra time for submission due to being on holiday is not a reasonable adjustment. I am not legally qualified but represented myself during an educational tribunal - if they'd needed information while I was away, I would have moved heaven and earth to provide that.

Once it gets to a case management hearing you can ask for timings to take into account your disability. If it is unfair dismissal rather than disability discrimination the matter should be more straightforward. However employment tribunal claims can be difficult to bring on your own and judges are managing large case loads and have a duty to push matters forward so any time limits will take that into account.

you should be aware that although employment tribunals do not usually award costs they can do so when they think one party is being vexatious or time wasting. Not saying that’s you, but be aware of the risk.

This - it's not the ET's fault you were on holiday and it doesn't warrant a reasonable adjustment.

Do you have a solicitor representing you?

Op this is very common . You need to email the tribunal and set out the issues and exactly what you want. Not ask them what they will give. Make your request clearly. The onus is on you. Not them.

the tribunal will then consider it and revert with an answer.

Why are people doing this. She’s not asking simply as she was on holiday. She has a disability. And she’s clearly stated she’s self representing, so she won’t have a solicitor representing her.

OP, can you afford to lose and have legal costs persued against you? That is all you should be considering, really.

Generally costs are not allocated , unless it was vexatious and the claimant behaved badly. If that’s not the case, she can lose and costs will not be allocated.

Op, employment law is very narrow. If you bring an unfair dismissal claim you need to evidence that only within the narrow confines of unfair dismissal. The tribunal will not hear evidence outwith this, ie disability discrimination. It will be stopped and discounted.

habe you seen a solicitor at any point to ensure you are bringing the right claim? And to help you understand what parameters you need to work to under unfair dismissal?

I wasn't on holiday, but I was abroad.
I was not aware that the court would require me to complete the paperwork when I booked the travel (which was to visit a very frail elderly relative that I am sadly unlikely to see again).

The case has been going on 1.5 years and probably will go on the same. And I not allowed to travel for 3 years in case the court randomly ask me to complete detailed paperwork while I am away?

Thank you.
I am not deliberately wasting time, just struggling with my disability and how it affects my ability to complete tasks in the timeframe I could if I didn't have this disability.

Thank you, I will email them again about the issue and ask for FOI if they don't reply to me again. Feel very discriminated against currently, but I realise the courts push for people to drop their cases and this is presumably one way they try to achieve that.

@Frasers for your post re the holiday, you are correct with your understanding on what I have described (obviously badly!)

Thanks, yes I have had free advice re my case from a law clinic.
My employment case does not relate at all to my disability or disability discrimination.

But my disability (and lack of funds to pay for solictors/barristers) has a massive impact on me being able to use the court system without any reasonable adjustments

The tribunal won’t be and are not pushing for you to drop your case op. Where ever would you think they do that?

the issue is uouve asked them what they can do. They may respond, but the reality is you need to contact them and set out exactly what you wish and make the request.

Just wondering if you have heard of the Equality Advisory and Support Service https://www.equalityadvisoryservice.com/ they help with issue of discrimination.

They have a helpline and good website with advice and saying what they can and can’t help with. They were really good when I need help some years ago.

@ETFOI

I know that a couple of other posters have asked but just chiming in to ask you to spend a little time weighing up what will happen if the case goes against you.

There is a likelihood that costs will be awarded against you? Just take a moment: have you an idea of what those costs might be and how you will intend to pay them?

You have given the impression that you don't have these monies to hand so, do you have an asset that you can cash in or sell? Would you be prepared to sell your car or take out a loan against your house.

I have seen people most disgruntled that they have lost but that disgruntlement soon fades into worry about how they will pay legal bills that are now stacked against their door. Don't imagine these bills will be forgiven-they rarely are.

Is it worth it? Will you, one day, be sitting at your kitchen table with your ex employer's legal bills and a calculator and wishing heartily that you had never begun.

This is really dramatic. As has already been outlined, it’s rare an employee would have to face these costs.

This is really far fetched, unless it is clearly vexatious costs will not be awarded in an et.