02.11.2014 Views

Monitoring the Disability Discrimination Act (DDA) 1995 - Centre for ...

Monitoring the Disability Discrimination Act (DDA) 1995 - Centre for ...

Monitoring the Disability Discrimination Act (DDA) 1995 - Centre for ...

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

An applicant who is registered blind was compulsorily<br />

retired from his job as a catering manager on health and<br />

safety and ill-health grounds. He sought representation<br />

from a solicitor but at £150 per hour he could not af<strong>for</strong>d to<br />

continue with legal representation beyond <strong>the</strong> preliminary<br />

hearings. His union said it could not help him as he already<br />

had legal support from a solicitor. He represented himself at<br />

<strong>the</strong> last two hearings but saw enormous disadvantages in<br />

doing so. “When you get to <strong>the</strong> tribunal and <strong>the</strong>re are<br />

professionals <strong>the</strong>re, you do feel an amateur. They [<strong>the</strong><br />

respondent] had an employment lawyer who could quote<br />

from <strong>the</strong> <strong>Act</strong> on <strong>the</strong>ir feet, and I couldn’t have told you what<br />

<strong>the</strong>y were saying.”<br />

5.7.4 The stress of taking <strong>the</strong> case<br />

Overall, <strong>the</strong> process that follows <strong>the</strong> lodging of an IT1 proved<br />

to be very stressful <strong>for</strong> some applicants. They had<br />

underestimated <strong>the</strong> time and ef<strong>for</strong>t involved in finding<br />

appropriate advice or representation and fulfilling<br />

obligations such as completing <strong>the</strong> necessary <strong>for</strong>ms,<br />

attending appointments <strong>for</strong> medical examinations, or<br />

meeting advisers. In retrospect some said that <strong>the</strong>y had not<br />

realised that a case could take such a long time, or that it<br />

would require providing such a level of detailed in<strong>for</strong>mation.<br />

An applicant in an unsuccessful recruitment case found <strong>the</strong><br />

time taken <strong>for</strong> <strong>the</strong> case to come to a full hearing very<br />

frustrating. The preliminary hearing was cancelled <strong>the</strong> day<br />

be<strong>for</strong>e it was scheduled and <strong>the</strong> case took two years to be<br />

concluded. She lost her case and although she had <strong>the</strong><br />

option to appeal, she had found <strong>the</strong> tribunal hearings “very<br />

traumatic” and wanted to ‘shut <strong>the</strong> door’ on <strong>the</strong><br />

proceedings.<br />

Some applicants mentioned fear of <strong>the</strong> unknown, sleepless<br />

139

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!