Employment Tribunal - disabled and can't afford a solicitor

[99problemmms]

I'm going to have to be a litigant in person as I've brought a case against my ex-employer (unfair dismissal & discrimination).

My disability (I have a diagnosis of inattentive ADHD and get my medication through my NHS GP) has a massive impact on me and my ability to manage my emotions and control & clarify my thoughts when I'm in emotional stressful situations (I'm great in non-emotional emergencies). I have very little short term memory and so I can get flustered with lots of paperwork because I struggle to put my hands on the right thing. I'm very tidy and organised to compensate for this, but if under stress my brain just gets frazzled and I can't think logically and can't go off in a tangent and completely lose my train of thought. There's a shortage of my meds, but luckily my GP practice helps me locate pharmacy's that have stock every month (you have to ring around until you find one) and I can drive so I have so far been lucky to not have too many days without my medication.

Ordinarily I'm bright and articulate and can manage my AHDH together with my meds and by keeping my work life as stress free as possible and doing 'non-professional' work/jobs and staying in them a long time.
I don't think people would know I had ADHD unless they knew the actual symptoms rather than the stereotype of the symptoms IYKWIM.

Unfortunately following serious issues at a toxic workplace of which I was a victim I have now set the wheels in motion for an Employment Tribunal. I feel I was unfairly dismissed and basically have suffered a mini-breakdown because of this and haven't been able to work since.

I have no doubt I will recover, but in order to do this I need to continue the ET. This is just how my emotions/brain works, I'd love to 'just let it go' but I feel so upset by the injustice & bullying I know I'll never get over not taking a stand, even if short term it will be extremely difficult.

As I am unemployed and not able to work at present (I'm not claiming benefits, I'm living off very modest savings & living as frugally as possible) I've never been unemployed ever in my life and never expected to. I can't afford a solicitor. My local law clinic can't help as they have no capacity.

I am really concerned about getting all the admin done, under ordinary circumstances admin is not my strong point (ADHD) and my old job was physical & skilled but not office based because that suited my skill set. I'm always very aware I will cry during any hearings. And I'm the one who has to present my case and presumably have to ask questions to the other side. In fact there is zero chance I will not cry. Since the unfair dismissal I have cried every time I've had to deal with the paperwork or ring ACAS etc for advice (it was 12 months ago that I was dismissed).

Will the court be able to provide assistance in view of my disability? How do I ask them (they don't answer the phone and don't answer emails). Will they throw the case out because I can't represent myself without crying/breaking down?

Thanks everyone

Do you have examples of the toxic behaviour as a trade Union rep I dealt with various allegations of bullying and in some cases it wasn’t always clear cut. You need examples, did you keep an incident diary at all?

You need to make a claim for benefits, if nothing much comes of it and you get only a very small basic amount at least your National insurance will be paid. Currently you will not be building up your state pension contributions.

Would a Mackenzie friend be able to help? They can attend court with a litigant in person to assist.

I'm assuming you're not a trade union member sp please try and get advice and support from CAB. Taking a ET claim yourself is a huge undertaking.

Where are you in the process? Have you submitted your ET1? Has the early conciliation process concluded?

Sorry OP this isn’t exactly what you’re asking but for the sake of the tribunal I think you should explore benefit options. If you get a fit note you could be entitled to ESA. Others have said CAB for help with the tribunal but they can also help with benefit advice.

The reason I say this is because tribunals look at loss of earnings, and you don’t want to look like you may have deliberately deprived yourself to get a higher award. I’m in now way suggesting this is what you’ve done or your motivation, but just something to consider.

Just checking, as you say you were dismissed 12 months ago, that you know the time limits for ETs?

www.acas.org.uk/employment-tribunal-time-limits

Good luck.

The employment judge will not be allowed to help op, they are not allowed, they cannot help one side. You can represent yourself and you can cry, they will just take breaks if required

my daughter did a seat in employment, and had a similar situation, sadly there were three lawyers her side, and the person in your position represented themselves.

unfortunatly as the claimant didn’t understand law, they had taken an unfair dismissal route and didn’t understand why they couldn’t bring in disability discrimination, the judge did actually step in and try to explain it to them as they kept trying to give evidence of disability discrimination. She said had they brought a disability discrimination claim they’d have won, but as it was unfair dismissal they lost and had no evidence of such. Had they even paid for an hour with an employment lawyer they’d have known. The law is very narrow, you need to bring the right claim and ensure you evidence that specific claim.

so I’d claim benefits, I am unsure why you’d not, and try to find money for at least an hour with an employment lawyer who can at least advice and ensure you make the right claim, as you will then be on the right foot,

Hi, thanks everyone seems to be focused on the benefits which is why I mentioned I'm not entitled to claim for benefits because I have £6k + savings so hopefully that answers that.

I did submit an ET1 in time, it just takes time for the courts to get round to your case which is why it's been a year.

I didn't expect the judge to help me, sorry I must have expressed that badly, I mean the court system to help me, by making adjustments because of my disability, or providing me support? (Not from the judge)

Have you checked household insurance policies as often these include some legal cover so you would be entitled to some free legal assistance that way?

I will get 1 hour legal advice, and hopefully they can give me enough of a framework that I can just concentrate on repeating that.
Will I be expected to cross examine the other side?
My 'claim' will not be very big - it's not remotely worth paying for a solicitor because from what I've read the chances of an employer succeeding in an employment tribunal is very low & mine will amount to mine word against my bosses word. If you know the workplace and the people involved personally you could believe me, but in court the Judge will just have to believe one side or the other, there isn't any tangible evidence as such, just years of micro-aggression and bullying.

Even if you win it looks like Judges don't like to award much (this is an individual employer rather than a big cooperation) and don't award costs, which is why I can't afford to pay a solicitor, I'm unlikely to be able to cover their fees even if I 'win'.
But I want/need to do this because I need them to face some kind of consequence to their unlawful treatment of me.

Because I rented a small flat at the time (one of the reasons I have £6k plus savings because I was trying to save for a deposit) I didn't have house insurance, I don't have any expensive possessions worth insuring unfortunately.
I have moved back with my parents while I'm not working to save spending money on rent.

Your savings are fine for benefits - there may be a proportion of them taken off if you have over £6500, but you'll still be getting your NI stamp etc.

Please claim these and take some strain off yourself. PIP has no connection with your savings or income and may be relevant for you.

www.moneyhelper.org.uk/en/benefits/problems-with-benefits/how-do-savings-and-lump-sum-pay-outs-affect-benefits

You may then find you have a few £ left in your savings to get some proper advice - you may not get much from the initial appointments with a solicitor.

https://dls.org.uk/wp-content/uploads/2016/12/Tribunal-tactics.pdf

https://www.citizensadvice.org.uk/work/employment-tribunals/employment-tribunals/the-tribunal-hearing/preparing-for-your-employment-tribunal-hearing/#:~:text=Employment%20tribunals%20are%20set%20up,and%20pass%20it%20to%20them.

https://www.centralenglandlc.org.uk/how-do-i-represent-myself-at-an-employment-tribunal

The ET service will give you supports to assist you through the process but you will need to specify what supports you need.

Yes, you will have the opportunity to cross examine. Do you have your ex-employers response to your claim?

The ET makes a decision based on the law and case law, so you do need advice on your case so that you can use the best arguments.

Does your ex-employer have representation?

OP as other had said make sure you claim every benefit you are entitled to.

Your savings will continue to dwindle so you will qualify for them eventually. Also look at PIP which is not means-tasted.

Speak to CAB for support with your claim and maybe look if there is a local charity that support disabled people that could also help make your case.

Hi, In a tribunal while the chair won't help you they will be very mindful of the fact they you aren't represented and will be patient and extra clear with you ensuring you understand, rephrasing things etc as required. There will also be an expectation on the defence barrister to support the fair hearing which means not taking advantage of the fact you are unrepresented.

Some solicitors will take employment cases on a “no win, no fee” basis where they take a portion of any payout instead. You may end up worse off that route than paying for their time, but if you can’t afford to pay them, then it would at least get you something.

HOWEVER… you need a really strong case for them to consider it. From the sounds of it you don’t have a strong legal case (no evidence. Your word against theirs. Etc).

Definitely also check if you have access to a legal helpline on your home insurance. Again, you would get some basic free advice through that. For example to make sure you are putting in the right sort of claim.

I get why you want to pursue this and can’t let it go. But given your concerns about your claim, needing to represent yourself and so on, do please think about whether it is really the best thing for your mental health and wellbeing. Having to constantly relive it won’t be helping. And how will you feel if you lose? Might your time and energy be better spent getting some counselling (possibly through your GP/local talking therapies NHS service) or even just leaning on friends or former colleagues for a supportive ear