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Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.
What is the claim for?
unfair dismissal and disability discrimination
when was the claim made?
I was dismissed in June 2012 and applied immediately to the ET however the respondents (DWP) have postponed 4 times..on one occasion I was asked by the tribunal to respond to questions with regard to what type of reasonable adjustments did I think the respondents should have offered. I replied in detail of various roles I could have undertaken none of which were roles they would have to 'create' for me..despite requesting these adjustments at the time of employment my employers never responded with anything but NO.. it was only upon my submission of further particulars requested by the tribunal that they then responded in full retrospectively the reasons why I couldn't do any of the adjustments I had put forward. The respondents aware of my condition offered me reasonable adjustments that offered no amelioration.
Ok well in claims that were issued after 6 April 2012, witness statements are taken as ‘read’, which means the person giving the evidence does not have to stand up in front of the tribunal and read it out. Instead, the Judge reads it in his/her own time and when it comes to the hearing, it is assumed (s)he has read them and those attending the tribunal may not even know of what is in them.
If you wish to make a formal request to the tribunal about the inclusion of this evidence you could write to them, pointing out the nature of the comment and your reasons for objecting to it. The tribunal then has certain powers under its own rules (specifically Rule 50, below) to restrict the inclusion of certain evidence:
Under data protection legislation, there is an exemption for including data that would usually be protected, if it is required for legal proceedings, but again you can challenge the relevance of its inclusion and use this as a further argument when writing to the tribunal with your request.
Thank you Ben very much appreciated
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