u/Infinite_Bar_1429

So - I’m well into proceedings now for disability discrimination. However I am mentally not in the most stable of places. Not because of litigation - but because of on-going mental health issues that are long standing.

Recently I have been under a psychiatrist and I’m on my way to stabilising.

I am aware of how the on-going litigation isn’t entirely helpful. So a few months ago I was weighing up if it was an option asking the tribunal to postpone. But I decided that actually, once disclosure is done with and the witness statement is written, it gives me 10 months before the actual final hearing to get stable. I assessed that is within my range of coping.

Since the R has withdrew there disability concession I feel unable to deal with it. Not emotionally as such. I mean changing tactic and now having to figure out what additional medical evidence I would need to put in the bundle and also collating it. We have already gone past the date we should have agreed it, so I feel a pressure to work fast on the issue.

I have said to R look I am not in a position to change focus at this stage and would appreciate if we can continue how we was in terms of agreeing the bundle without the need for me to include additional evidence to prove disability in the capacity of there withdrawal. But they said they’re unable to agree it based on my original litigation approach given it is now a jurisdiction issue. We only have a short window before witness statements are due.

They haven’t yet put a formal application into the tribunal to withdraw admission; so far the have only emailed to notify the tribunal of a change in position.

I can’t possibly get my brain to work with the R and start supplying additional medical evidence to prove disability within the bundle.

Will this be viewed as unreasonable? Is there an option to postpone proceedings temporarily until I am more able to deal with things like this? Maybe it was a little short sighted of me to think things would run smoothly when it’s litigation and all kinds of things can go in different directions.

Oh litigation isn’t fun!

Hello

So last week I posted here about a problem whereby the Respondent emailed the tribunal withdrawing a previous admission that my ADHD was a disability.

I was advised by Bob (which is must appreciated) to respond to the email telling the tribunal that the R cannot unilaterally withdraw an admission and must make a proper application that satisfies the CPR 14.5 test.

For a week I haven’t heard from R and we was meant to finalise the bundle ( which we almost did hours before there email to the tribunal ).

They haven’t made a proper application to the tribunal.

They are today however, saying to me that they’re keen to confirm and finalise the bundle so we can get working on the witness statements. But they won’t agree that the bundle is being agreed based on their admission my ADHD is a disability.

I’m confused and a bit stuck with it because I want to get the bundle out of the way so I can work on the witness statement. But how can we do this when we are not on the same understanding. They will do it based on a perspective my ADHD isn’t a disability, and I’d proceed based on their admission.

Am I right to suspend doing any more work on the case until the tribunal has made a decision on their request?

To further add - it was really silly of me. In the hearing when we finalised the list of issues, some of my claims that linked to a memory impairment I only cited ADHD. I didn’t understand at that time how PTSD causes significant issues with memory and processing. That understanding has only been recent as I have worked more closely with the mental health team. I feel like I’ve really messed up here and now can’t go back and put them allegations to PTSD also.

Hello - please please please help.

So the R in my case has just wrote to the tribunal removing there status of agreeing disability and I don’t know what to do. So below is a brief timeline.

2024 - PTSD and ADHD discrimination issues raised with the tribunal.

Early 2025 - PTSD conceded. ADHD not because I didn’t have a diagnosis.

Mid 2025 - I provided all medical evidence to the tribunal and R in relation to ADHD including a disability impact statement.

End of 2025 - I was diagnosed with ADHD from the NHS adult pathway.

End of 2025 - at a case management hearing; ADHD conceded. The judge didn’t schedule a separate hearing to determined disability due to this.

Today - R has wrote to the tribunal to deny ADHD being a disability; quoting a ADHD OH report conducted in 2022 that said in the assessors opinion it doesn’t meet the criteria of a disability.

I feel a bit down about it really. Not down - powerless because I really regret that I didn’t get the opportunity to have a hearing about it. Now the R is saying they don’t want a hearing to determined if it’s a disability. They don’t feel that’s needed. But I am under a psychiatrist for my ADHD and PTSD and it’s really difficult to manage, so I don’t want to not have an opportunity to be heard.

What should I do? Amy advice would be appreciated.