declaring a disability

[GlasweJen]

I know I answered someone elses question on this before but now I'm stuck. I'm in the middle of taking my old work to tribunal, they're trying to say that I'm not disabled because I didn't declare it but I did - I just ticked the wrong box.

 

Where it says "do you have a medical condition or disability" I ticked no. But I then went on to write about my medical condition, I've spoken to my managers about it after I applied and it's obvious that there is something not right with me. Will ticking the wrong box throw out my claim that they're contradicting the DDA?

[GlasweJen]

I should also add that the application form they have isn't my original application. Shortly after I was employed they had me fill out another one during my shift, in between serving because they lost the first one so for all I know I did declare my disability the first time round and I can't prove that.

[Bookworm]

I wouldn't have thought so, no. If you went to declare the actual facts of the disability later on in the form, it would appear quite obvious that the tick was put in the wrong box and no more than that, and that the written text should carry more weight than a tick in a box. IMO anyway.

[mariejader]

I would also be asking them to prove you did tick the wrong box, as you have said they lost the original so who know's if you did or did not.

 

Have you noted in your report to the tribunal service that you were asked to fill out another form and the conditions you were ask to complete it? if not it may be an idea to submitt it now

[GlasweJen]

No I never Mary because I completely forgot about it, I only remembered when my flatmate mentioned it because he worked with me at the time.