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

herself at the full hearing.
One applicant commented that the tribunal has been “hijacked
by the legal profession”.
“I was representing myself, but I was up against a
trained barrister. This could be seen as a terrible
disadvantage. Because of this, the system is outside
the scope of the common man for whom it was
originally intended. It’s a sham. When you get to the
appeal level, apparently it’s just a barrister against a
barrister – it’s just a theatre.”
An applicant who represented herself felt that people
should not be allowed to represent themselves as there
is too much disparity between individuals and
barristers.
An applicant who successfully represented herself found
the process very traumatic. The applicant had to crossexamine
and challenge her former employers who had
caused much stress, and she was up against a member of
counsel.
“With representation the whole thing would have been less
stressful, easier, less sleep deprivation, less anxiety and less
fear of the unknown”.
Perceived power differences between applicant and
respondents
During the case study interviews with applicants and their
representatives, a perceived power difference between
themselves, the respondent and their representatives
emerged. Repeatedly applicants implied that they were the
weaker party from the outset. Respondents often have a
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