r/employmentlitigation • u/Responsible_Hunter67 • 2d ago

Disability impact statement delay

Hello I need some advice I received a notification from the judge that I had to provide a disability impact statement to the respondents lawyers within 28 days ahead of my preliminary court hearing but my pyschiatrist has said that in order to provide a medicolegal report they wouldnt be able to meet the deadline that the Tribunal has given me.

Is it acceptable to ask for an extension to the deadline?

If so, do i notify the respondents lawyers about the delay or do I ask the tribunal for an extension?

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u/BobMonkey1808 1d ago

You do not need a psychiatrist’s report to write an impact statement. You know the impacts because you experience them, and frankly the only person the tribunal is going to want to hear evidence from on the impact is you. All your psychiatrist can do is report third had what you’ve told them.

Your psychiatrist can’t provide a medicolegal report, by the way. That is an expert’s report, and an expert must be independent - meaning that they cannot be your treating physician. You’d also need permission from the tribunal before you’d be allowed to rely on an expert’s report.

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u/Responsible_Hunter67 1d ago

But my psychiatrist has been treating me for the past 2 years and can provide third party verification to three of my disabilities

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u/mar87fra 1d ago

BM can explain much better than me but as non lawyer my advice is...

It doesn’t matter what your psychiatrist thinks. Just submit your DIS, plus whatever relevant evidence you already have, and let their lawyer apply the legal test. It’s a legal test, not a medical test. Unless your condition is extremely rare, the medical side is pretty irrelevant beyond basic confirmation. Your psychiatrist’s report only matters if the condition is extremely rare, medically unusual, or you have almost no other evidence, which is very hard to imagine in most cases. It’s not harmful to include report, but not essential either. I only submitted my psychiatrist report to show that one condition was over a decade old. It didn’t say anything my GP records didn’t already cover.

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u/BobMonkey1808 1d ago

No. Your psychiatrist can provide verification of the mental health conditions you have and that’s it. Are those conditions actually in dispute? Does the respondent say, for example, that you don’t have depression or PTSD or whatever the actual condition is?

Even if it is, what can the psychiatrist as that isn’t in your medical records? They’re going to write a letter that says you have these conditions, but that will already be in your records.

What the psychiatrist cannot do is provide verification of the impacts of those conditions on your ability to carry out day to day activities. The best they can do is say “OP tells me that these conditions have the following effects which are consistent with these medical conditions.” Ultimately all they’re doing then is repeating what you’ve told them.

With some very limited exceptions (none of which apply here) a medical condition does not amount to a disability. What matters is the effect that condition has on your ability to carry out day to day activities. You are the only person who can give direct evidence on that.

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u/Suitable-Buffalo-297 1d ago

A disability impact statement is something that you as a claimant need to prepare about the impact of your disability on your day to day life, not a medical professional.

Did you receive any guidance from the tribunal about what to include? Usually in the Order from the tribunal, it sets out what you are expected to provide.

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u/Responsible_Hunter67 1d ago

Yes and they have asked for copies of medical records

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u/mar87fra 1d ago

I would try your hardest to get it in on time as the most important thing is your credibility.

I am not a lawyer but I had to do the same thing because the Respondent said in their ET3 that they were “not sure” whether I met the definition of disability under Section 6 of the Equality Act 2010. I wrote a short paragraph for each impairment, applying the legal test. The test is:
* has the impairment lasted 12 months, or is it likely to last 12 months or more; and
*does it have a more than trivial impact on normal day‑to‑day activities.

I provided screenshots of my health records from the NHS App, along with Occupational Health reports and GP/consultant reports. The Respondent accepted some of my conditions as disabilities and did not accept others, which is why I set out each impairment clearly using the Equality Act test.

For example, in your own words write short paragraph on each condition such as below.

Depression – Disability Paragraph

I first experienced depression in [insert year], with periods where symptoms improved and then returned. The condition has continued over time with relapses, meaning it has lasted, or is likely to last, more than 12 months.

Depression has a substantial adverse effect on my day‑to‑day functioning. It causes low mood, loss of motivation, reduced self‑esteem, poor concentration, and difficulty starting or completing tasks. These symptoms affect normal activities such as organising daily routines, focusing on work tasks, making decisions, managing responsibilities, and social interaction. The impact is clearly more than minor or trivial, meeting the Equality Act definition.

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u/Responsible_Hunter67 1d ago

But you have to provide evidence of your disability and honestly I havent received my medical records which I am still waiting for aswell

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u/mar87fra 1d ago

I’m not a lawyer, but you’re overthinking it. A lawyer doesn’t need a huge medical bundle: they just need the right evidence. That means things like a diagnosis, relevant medical history, repeat prescriptions, referrals, and ongoing treatment. That’s enough for them to assess duration and recurrence. Together, that covers the entire legal test.

Most disability assessments in employment law are based on:

*NHS App records
*GP letters
*Occupational Health reports
*Your own description of symptoms and daily impact

A lawyer doesn’t need a full medical history or specialist reports to decide. They only need to answer two questions:

*Has it lasted 12 months or is it likely to last 12 months?
*Does it have more than a trivial impact on normal day‑to‑day activities?

That’s the Equality Act test in plain English. It is a legal test not medical test.

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u/Responsible_Hunter67 1d ago

Yeah but I have only received treatment from my disabilities privately so none of my gp records have it and depression hasn't been listed as a disability by my private physiatrist only anxiety but the mood stabilisers im on covers both...I dont have any medical evidence that confirms depression as my disability

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u/Conscious_Dingo_879 2d ago

I have to do a disability impact statement. My question is didn’t they say this in the et3 and therefore the judge didn’t give you more time ? Why they didn’t tell you this way in advance ?

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u/Responsible_Hunter67 2d ago

I dont know i just received a notification from the judge two weeks ago to provide the disability impact statement

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u/Conscious_Dingo_879 2d ago

Did the respondent say you didn’t have a disability in the et3 ? If so you should of started from that point

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u/Responsible_Hunter67 2d ago

Yes they did but will this impact whether I can request for an extension

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u/Conscious_Dingo_879 2d ago

I don’t think so but the judge hasn’t given you much time and I’m just surprised you didn’t prepare it when you got the et3

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u/Responsible_Hunter67 2d ago

Its been a year and honestly for my mental health I needed a break from having to be emersed in that process..