Tribunal chance?

Pinktooth

I was employed by a girl few years ago when I had muscle injury from an accident.
I had to take this job to pay bills etc. and pretty much go through immense pain doing it howver I andled the job just as well as the normal fit person I think.

I said I had some injury but we agreed I could handle most pain with tablets and on this basis the girl hired me although be it verbally.

I have evidence from my doctor about the accident on file.

BUT a few times my leg actually froze up about half hour from my shift and so I just had to hire a taxi as I could not cycle 2 miles back home.

Before I left I asked the fellow workers if it ws OK they could handle rest of shift and they said yes even though I more or less finished the job. And it was not really hectic as shop was closed and all left were cleaners and security.

So I was told to leave because of this leaving half hour early.
Because of this I have lost two and half years of work as the credit cunch kicked in and loss of a house having to sell it to repay remortgage.

Will I have a high chance of winning if it goes to court hearing for disability discrimination?
Thanks

MyRubyRed

I take it you were not registered disabled nor made any arrangements with your employer to reduce your working hours. If my assumption is corrrect then don't waste your or a tribunal's time

Googlewhacker

how long ago are you talking about?
Were you given the correct notice?
Can you prove that you were discriminated against and that the employer wouldn't have done the same thing to someone without a disability?

zzzLazyDaisy

Pinktooth wrote: »

Because of this I have lost two and half years of work as the credit cunch kicked in and loss of a house having to sell it to repay remortgage.

Will I have a high chance of winning if it goes to court hearing for disability discrimination?
Thanks

No. On the information you have provided, you do not have 'a high chance of winning'.

There is a strict three month time limit for making a claim to a tribunal for disability discrimination. You are well outside this limit and it is highly unlikely that you will be allowed to present a claim at all.

In any case, you would have to show that you are 'disabled' within the meaning of the DDA. A 'muscle injury' would not normally meet the criteria for being classed as a disability under the DDA, unless there is a lot more to your injury than you have told us.

Pinktooth

Yes but the court night let it through.

And who are you MyRubyred t blatantly spit out that remark?

You dont know the stress and pain and loss of money I have had through this job loss and company course you might BE an employee of tha company.
Was I given correct notice?

No I was pulled into the office and told to go right a way same day

Googlewhacker

Pinktooth wrote: »

Yes but the court night let it through.

And who are you MyRubyred t blatantly spit out that remark?

You dont know the stress and pain and loss of money I have had through this job loss and company course you might BE an employee of tha company.

Are you kidding? How unlikely is it that the that poster is an employee of a company that you have not mentioned?

zzzLazyDaisy

Pinktooth wrote: »

Yes but the court night let it through.

That is very unlikely indeed. As a company solicitor I got several cases thrown out for being ONE DAY late. That is how strict the time limits are.

But even if you were amazingly lucky and managed to get your claim registered, you then have to show that you meet the criteria for disability under the DDA. Take a look here for more information.

http://www.direct.gov.uk/en/DisabledPeople/RightsAndObligations/DisabilityRights/DG_4001069

If you still think you have a good case, it costs nothing to make a claim to an employment tribunal, but it is very unlikely that your claim would be accepted.

Pinktooth

Googlewhacker wrote: »

Are you kidding? How unlikely is it that the that poster is an employee of a company that you have not mentioned?

THere is that possiblilty

Pinktooth

Ahh but,

The thing is a solicitor misinformed me and told me to wait until my accident claim was completed in which my late appeal mentioned this fact. And Ihad no idea in the first place I cold make any sort of compensation claim for this dismissal in court.

zzzLazyDaisy wrote: »

That is very unlikely indeed. As a company solicitor I got several cases thrown out for being ONE DAY late. That is how strict the time limits are.

But even if you were amazingly lucky and managed to get your claim registered, you then have to show that you meet the criteria for disability under the DDA. Take a look here for more information.

http://www.direct.gov.uk/en/DisabledPeople/RightsAndObligations/DisabilityRights/DG_4001069

If you still think you have a good case, it costs nothing to make a claim to an employment tribunal, but it is very unlikely that your claim would be accepted.

Pinktooth

I have been granted a pre hearing from the judge.
What do you say to that zzzLazyDaisy?


This company have ruined me financially made me sell my house to repay remortgage and warped my brain with stress unimaginably and made me come to live in a horrible filthy town with weird people totally alien to my lovely town I lived in all my life. THis however is the only property could afford I could put my 20 percent share in with what I had left from my house sale loss of at least £30,000 due to the credit crunch kicking in not to mention losing 3 years of work having to flit around two or three towns while waiting for shared house transactions to go through. And no nobody lives with me

They need to be taught a lesson. I am currently living on tins of baked beans unable to find a job or get one at interviews with two full overdfafts new bills coming in and now bank charges going on top because my dole money does not cover all of that anymore.

I have been refused crisis loan two times in past six months.

zzzLazyDaisy

Pinktooth wrote: »

I have been granted a pre hearing from the judge.
What do you say to that zzzLazyDaisy?

If you mean that you have made a claim to an employment tribunal, and your case has been listed for a preliminary hearing, then that is exactly what I would expect. It will be apparent from the papers sent to you that this is a hearing to consider the tribunal's jurisdiction to hear the case on the issue of time.