ET asking R to acknowledge disability early. How much medical evidence needed at this stage? also Rule 49 Impact?
Background - Stuff at the bottom is really where I need advice
Sorry this post has turned out far too long.
I have a complex case I am presently acting as a Litigant in person. I am facing a very experienced legal team well resourced former employer.
My case has strong merits as discrimination case towards a protected group (EA2010)
It also has strong merit on Disability Discrimination, Failure to make reasonable adjustment(s) and harassment and victimisation in relation to a past grievance / dismissal. There is evidence the reason for dismissal was not the real 'issue in the room' and that I was instead dismissed in order to prevent facts relating to a grievance coming to light.
Current Situation: ET1 submitted ET3 returned & Rule 49 application, hopefully to be established at preliminary hearing.
I am very much hoping that an order for anonymity under rule 49 will be granted, I understand they are rare.
My case has particularly strong reasons for this to be considered, in part due to public profile of my former employer and my specific health needs have the potential to make me very identifiable.
Public knowledge of health conditions could affect my prospect of recovery and future employment. attention of the press could be hugely damaging to my mental health and prospect of obtaining justice.
In the event I am diagnosed with a more complex and long term mental health condition there is a chance I will need long term therapy taking 3-5 years to process what has happened (subject to diagnosis.) I will need to preserve the option to discuss this at tribunal, to allow them to consider how much R actions may have contributed to that outcome.
I have been able to obtain Consultant Psychiatrist letter that outlines that anonymity is a proportionate and legitimate need in this case - That the medical situation justifies the need for this, and why that would be proportional to the spirit of open justice. it also outlines justifications for reasonable adjustments at tribunal.
I have been asked to prepare 1000 word statement and medical evidence in support of early establishment of a disability with Respondents legal team. Thats more or less complete but Its not comprehensive and I've now hit the word limit.
I have been asked to supply "medical evidence on which I rely." in support of this and have no idea how much of this to share at this stage?
I'm extremely keen to protect the position regarding the Rule 49 application, when sending medical evidence. Any tips ???
I have a lot of medical evidence overall some of which contains information not really relevant to the case, can this be redacted? Some pages only contain signatures / addresses, often my own. leave them out? Redact 3rd party names like clinical admin staff?
Some diagnosis are duplicates private and NHS, Do I need both? Do I prepare A massive .pdf or multiple individual ones. The latter will take forever to upload.
I could offer one .PDF of useless reports and one of useful. Offer R both and see if they just want to discard the rubbish half once they see theres nothing to hide?
Do I need to share full diagnostic reports or is it enough to share shorter clinician letters?
If a document is a dosage change and some irrelevant commentary on my employers conduct from a medical professional do I put that in? I'm not relying of those diagnostically It's more like: "C was reporting a period of stability and positive response to medication." "R then Dismissed C due to events that took place before medication. "C's" condition In work was x."
Some reports contain mistakes or inconsistency a NHS GP referral says ' no known medical history' contradicting another earlier report. Theres also a useless letter from an NHS MH service saying not enough school reports available (I'm 30+) may not meet diagnostic criteria. This is completely contradicted by a later 6 page full diagnostic and 3 clinic letters.
I also don't want to over claim disability either to the point where my capability is called into question, I was in spite of my disability(s) capable of working for R. I needed the right adaptions, I absolutely could should have been able to work.
Any help and advice on how to present medical info appreciated