u/Buroku

I'm currently pursuing an employment tribunal claim against my previous employer for unfair dismissal and disability discrimination (autism). The judge ordered me to give evidence to the Respondent that I had a disability at the relevant time. I provided a disability statement, diagnostic report of ASD and my medical record which proves that depression was diagnosed at the relevant time. The diagnostic report states that my ASD was present from childhood (which is a requirement for every ASD diagnosis). The traits described in the report exactly match the reason I was dismissed.

The solicitor is claiming that:

• I was not disabled at the relevant time because ASD is not mentioned on my medical record and the date of diagnosis is after dismissal, and so there is no way of knowing when my disability manifested;
• the disability impact statement fails to show that the impairment has a substantial and long term adverse effect on my ability to carry out day to day activities, even though it does very clearly.

I cannot imagine a judge accepting any of the solicitor's arguments. What might be the strategy behind them?