Submissions at the end of a case- Please Help

[etquery]

I apologise in advance for the length of this thread - I am pretty desperate, a lot hangs on it and I want to get it right. If anyone has any advice or experience they can share I will be forever grateful.

Background: I have, reluctantly, brought a claim of disability discrimination and failure to make reasonable adjustments against my employer of over twenty years. The case was due to heard last year but we were sent away on the day because there was no judge available. I am a litigant in person - I initially had legal representation but could not afford to keep paying. The case started on Monday, I have given evidence and yesterday finished cross examining their witnesses. This coming Monday we need to give closing submissions and on Tuesday the Judge will give his verdict.

I am terrified about doing the closing submission- I have never done anything like this. I have no legal training and know this is where I am weakest. I can explain and ask questions about what happened but struggle with the legal aspects. I asked the judge what was required (lots of conflicting advice online and I've been a bit burnt - I spent ages preparing an opening statement and then it wasn't required!). He said he wanted a written and oral statement that summarised how the evidence we had heard supported/ or for the Respondent opposes my claim. He said it should last for around 45 minutes. I've never done this before so wondered if anyone had any suggestions/tips?

I am planning to use the list of issues as the starting point and then try and recall the evidence given. I did take some notes but it was difficult as I was also asking questions and listening to their replies. I think I have captured most of the key points but the notes aren't comprehensive (I didn't have any support - long story , have been alone throughout the hearing: my employer obviously has a barrister, solicitors in support etc).

Anyway the main thrust of their defence was:

• they didnt put the reasonable adjustments in place that I and my doctors had asked for because I was off sick (as a consequence of my disability) and they wanted to wait until I returned. It became a bit of a chicken and egg situation which resulted in my being off sick for nearly a year on nil pay (I had exhausted my entitlement). My Drs said I couldn't return to the environment until changes were made as it would exacerbate my health condition and my employers said they wouldn't make the changes until my health improved and I was ready to return to work. They did eventually make the changes (including getting me a new line manager) but it took over ten months during which time I was off sick on nil pay;

• They admit there were a number of other failings (poor line management, not following departmental policy and failure to pay me correctly etc). However they say that none of these happened because I was disabled, they would have happened to anyone. One example, I was initially dismissed for allegedly not following sick absence procedures. Appealed and was reinstated with immediate effect, no detriment etc. At this point they refused to make the reasonable adjustments requested by my Drs and me so I couldn't return to work - my drs said they couldn't declare me fit to return to that environment and I remained off sick. According to their evidence this had never happened before (someone being reinstated and then going off sick) and the pay system didnt have an option. So they put me down as a rehire (without telling me). This resulted in my being paid sick pay (to which I wasn't entitled) and impacted on my UC benefit entitlement. It happened sporadically (8 occasions over 12 months - each for different amounts - there were even occasions when it was claimed they had paid me but ultimately conceded they hadn't) and despite repeated requests from me for it to be stopped it wasn't. It caused huge stress- leaving me penniless and in a&e after a suicide attempt. They claim that none of this was because I was disabled - that it wasn't disability discrimination. I am claiming that I wouldn't have been off sick if I didnt require reasonable adjustments to enable me to return to work because of my disability. I dont know if that makes sense.

In short I am really worried about how best to approach doing a submission. The Judge said good submissions focus on the law and authorities but I really dont know anything. I am not legally trained. I did do some research previously and quoted a case (Abertawe Bro Morgannwg University Local Health Board v Morgan) that I thought helped my case but the Respondent has said they intend to refer to it in their closing submission so I presume this means that it isn't helpful to me.

I'm really scared, not sleeping and in tears . I dont have any support irl (long story) and wondered if anyone on Mumsnet may have experienced anything similar and have any thoughts/suggestions. Thank you.

Chat gpt might be good for this!

just google the cases that it suggests so that you can make sure it’s not gone off piste

Use ChatGpt as a guide, the substance appears to be a failure to implement agreed reasonable adjustments to enable you to return. Both parties accept you had a disability so that’s not in contention. There is a duty to consider and implement RA’s to enable you to do your job. A failure to implement and to undertake the RA’s in anticipation of a return meant you could not return and therefore suffered a financial loss as a result of your disability. You have evidence of your disability, you have evidence of RA’s and they accepted them, but failed to implement them in anticipation of a return.

The issues around pay, systems and reinstatement aren’t clear, so can’t speak to that.

As you have been in the ET, you know what they are saying in their case so try and put forward an argument why that’s not the case.

Your case in a nutshell, you have suffered a significant financial detriment because of their failure to act in accordance with the DDA.

Hopefully a solicitor will be on this thread and offer proper help, but try and get your case into a very logical and linear place and then refer to the act and any cases you’re aware of.

I’m sorry you’re going through such a tough time OP, do you have any of the paperwork or notes from when you did have legal advice? I’d refer to that to check you haven’t missed anything in the first instance.

Your closing statement essentially needs to be a clear, persuasive and structured summary of your argument. It ideally needs to a brief summary of your argument (don’t go into every detail, just the high level version), a review of any key evidence you have so anything you have given and clearly state again how that supports your argument, any legal info that supports your argument whether that be previous cases or legislation, clearly point out any weaknesses in your oppositions argument- if you have case law to support this then even better, and conclude.

Your closing argument is your opportunity to tell your best story. I would really recommend getting some support with this though OP, especially if you are up against an employer with a full legal team.

Using the list of issues is a good idea. Take the judge to any evidence in support of your position whether it came from you or the other side.

is there already a case (authorities) bundle before the court?

Thanks- there's a very long bundle before the court but it doesn't mention other relevant cases (with the one exception mentioned above , that I put in my statement after googling it and am now regretting it as the Respondent wants to use it which I assume means it doesn't apply in my case).

Dont dimiss this case just because they are using it. I did a law degree. The same case can be used by both sides to support their arguments. Its just about how you interpret it. They will probably use a specific part of the judgment to support their case. A different part may support your case.

They might realise this case helps you and they are trying to scare you into not using it. You have a huge advantage because you know they want to use it. Look at the case. How does it support you? Then see how it could be used to support your opponent. Then you agrue why the case suports you and not them.

Any final statement should include your argument but also discredit your opponents argument. For example, the evidence should not be interpreted this way. Their evidence does not apply here because its not the same circumstances. Etc. Good luck

also make sure you have the specific page and paragraph when referring to the bundle so the judge can find it quickly

There’s a Facebook group for LIP called Employment Tribunal Support where you could post this question and Valla.uk has lots of advice and you can pay for coaching too. You’ve done so well to get this far and it’s understandable to feel scared and tearful. Good luck! I hope the tribunal rules in your favour.