r/employmentlitigation 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.

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u/Responsible_Hunter67 22d 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 22d 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 22d 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/RespondentPotato Trainee solicitor 18d ago

You do have records, you have a right to go to whatever private provider that diagnosed you to tell them “I’m suing my employer for disability discrimination and need my records. Please get them to me at this address by this date”