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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49804
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My husband lost a tribunal claim for disabilty

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my husband lost a tribunal claim for disabilty discrimination in feb 2012 but he is still disabled and unable to work. the judge decided that he was not disabled at the relevant time. there were 2 medical experts instructed - one who said here were "substantial effects" and theirs who said "although some of his conditions did have an adverse effect upon some of his activities, his impairment was not substantial" the judge also considered "whether the claimant was a person with a dsability" she concluded that my husband had to show that there were substantial effects and long term - she referred to th fact that when he gave evidence she asked him directly i he wanted to tell her anything else about the efects on day to day activitites that he had nothing to add.. he did not undertand what she meant and was prepared to answer the next day ut she wouldn't let him. On this basis she stated he was unable to proceed with his claim. given the revent case law of Aderemi v London and South Eastern Railway Ltd is it worth him pursuing a civil claim for injuries against the employer as he suffered from stress and their actions or lack of caused his relapse.
Hello, my name is ***** ***** it is my pleasure to be able to assist with your question today. Please let me know if he wants to now make a claim for the same facts which you tried to make a claim for in the tribunal?
Customer: replied 5 years ago.

Hi Ben

Yes he does on the disability claim. he was working for them for a few days less than the 1 year when they dismissed him.

as a side issue - I can't figure out how to leave feedback once I have "sent" the answer you were looking for

You can leave feedback using the faces that should have appeared by now. In relation to your query your husband cannot make the same claim in a different forum. If he is making a claim on the facts that have already been the subject of a court case then he will not be allowed to make the same claim again using a different venue. The law does not allow claimants to take "two bites out of the same cherry" so to speak. If he has a new claim based on different facts then he is certainy able to claim but not if it is the same one as already tried.
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