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Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
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I recently attended a CMD, i am representing my partner in

Customer Question

I recently attended a CMD, i am representing my partner in a disability discrimination/Public Interest Disclosure case, he was with me at the CMD. The Respondents have conceded to concede disability. The Claimant has a clinically well recognised mental health condition as a result of an incident at work, further exacerbated by the Respondent who failed to offer any support or counselling services and did not deal appropriately with any of his grievances.

They still continue to assert even though they have conceded disability that the Claimant has suffered no detriment as a consequence of the incident.

I had previously written 3 letters to the Respondent asking for further and better particulars as points in the response were contradictory and not based on fact. The Respondent ignored all of my requests.

In addition the Respondent was asked in the CMD notification to draft up (agree with party before hand) a list of the legal and factual issues and submit to the ET no later than 7 days before the CMD. They failed to do so, so i contacted the ETS and got a reply from a Judge saying that the Employment Judge will deal with non co-operation of the Respondent and if it deems the CMD a waste of time they will be condemned in costs.

On the day of the CMD about 2 mins before hand i was handed a list of issues by the Respondents representative. I had no time to read or fully understand the issues. The Judge accepted these issues despite the Respondent not complying with the CMD notification. I was taken by surprise, this put me and the Claimant at a substantial disadvantage. I felt coerced by the Judge and barrister and not being legally qualified this was most certainly i feel used to the Respondents advantage.

I had previously submitted a CMD agenda, highlighting issues referring the ETS to my correspondence sent to the Claimant, i requested a preliminary hearing. My CMD agenda was not used or referred to in the CMD the only document the judge used was that provided by the Respondents barrister.

Every time i tried to speak he obstructed me and i did not have the opportunity to state the case or have involvement in the drafting of issues, the conversation was more between the barrister and Judge and i felt completely disregarded.

I know that we have a case and that it is has merit but he continually mentioned 'the court of appeal' which i think is inappropriate since we had not had a hearing to determine the case. He also proceeded to explain to me that this case is going to get incredibly complicated for me.

He dismissed the Claimants evidence from his GP, mental health link workers and Clinical Psychologist stating that this does not constitute as expert medical evidence and that i will not get very far with just this and that it must come from a consultant.

I put it forward that is does constitute as 'expert medical evidence' the ETS in other cases and the court of appeal have declared that it constitutes as medical evidence and should be considered by the tribunal. He dismissed me and said that 'he is not bound by other cases and it does not constitute as expert medical evidence'

He said in order to have any prospect of success i would need to obtain a Consultants report, which i now been asked to do, we are on benefits and have no means of doing so. We have already provided a lot of medical evidence to the Respondent and yet it is all being dismissed included a report from the Clinical psychologist. Yet the Respondent without any expert medical opinion still continues to assert he has suffered no detriment .... which i find concerning to say the least. They were previously ordered to obtain an experts report but declined to do so.

The rapport between the judge and barrister was somewhat unsettling and the respondent does have influence in our area and it felt there was certainly some kind of affiliation.

He acted unreasonably and unfairly, surely my CMD agenda should of been considered, surely the Respondents continual non-cooperation should of been addressed, instead they have been given permission to amend their response, even though i have not made an amend to the claim and still my questions and requests for additional information remain ignored.

The Judge was in my view arrogant, and prejudice against me and the Claimant, can someone please advise on the above i am going to write to the REJ about this.
Submitted: 5 years ago.
Category: UK Employment Law
Expert:  Fran-mod replied 5 years ago.
Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find a professional to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!
Customer: replied 5 years ago.
Yes still waiting for an answer.
Expert:  Fran-mod replied 5 years ago.
Sometimes, finding the right professional can take a little longer than expected and we thank you greatly for your understanding. We’ll be in touch again shortly.
Customer: replied 5 years ago.
It is the Easter holidays here in UK so i doubt anyone would be working until next Tues as we have a bank holiday, i would appreciate a quick response but understand if there is a delay.
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Customer: replied 5 years ago.
Yes i would still like an answer so plesae keep it open, after the Easter hols i am sure i will get a quick response!
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