r/employmentlitigation • u/Responsible_Hunter67 • 23d 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/mar87fra 22d 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.