Judicial Proceedings Immunity Debate

Summary

Pams case involves race discrimination, victimization, and harassment claims against her NHS employer, with a focus on the lack of reasonable adjustments due to her disability. Her employers defense of judicial proceedings immunity is challenged by the absence of a final hearing and ongoing discriminatory acts. Documenting interactions, gathering medical evidence, and preparing arguments against immunity are crucial steps. Vicarious liability for the employers solicitors is also considered.

Full Conversation

Please can you assess the legal strengths of my case and also let me know if judicial proceedings immunity as the respondent claims, negates my case
Hi ****! Could you please provide more details about the nature of your case and the specific claims made by the respondent regarding judicial proceedings immunity? This will help me give you a more informed response.
was key to the Respondent refusing to make reasonable adjustments )and I see this as a continuing act- Legal comments needed please
Hi ****! To assess the legal strengths of your case, I will need more details. Specifically:
- What reasonable adjustments were you requesting?
- On what grounds are you claiming the need for these adjustments (e.g., disability)?
- Can you provide more context about the respondent's claim of judicial proceedings immunity?
This information will help me provide a more informed response.
I have a claim of race discrimination , victimisation and harassment already in the Tribunal ( East London tribunal) against my NHS employer. I required reasonable adjustments to pursue and prepare for the claim as I also have a disability restricting use of computer , clicking on the mouse to access large copies of documents sent by the Respondent ( my employers ) This disability was acknowledged by the ET Judge in June * and August * My Employers are fully aware of my long term disability as this was declared on my job application form in *
Case Rating: *
****, it seems you have a strong case considering the following points:
- Your disability was acknowledged by the Employment Tribunal Judge.
- Your employer was aware of your long-term disability.
- Reasonable adjustments were required and not provided.
Would you like to be connected to local lawyers who can better assist you with your case?
No
Case Rating: *
****, since you have declined to be connected to local lawyers, I suggest considering these points:
- Document all interactions with your employer regarding your requests for reasonable adjustments.
- Gather medical evidence supporting your disability and the impact on your ability to use a computer.
- Prepare to argue that judicial proceedings immunity does not apply in cases of discrimination.
If you need more specific guidance or have further questions, feel free to ask!
I am holding
Case Rating: *
****, it seems you have a strong case with the information provided. Here are a few points to consider while you are holding:
- Ensure all requests and refusals for reasonable adjustments are documented.
- Collect any medical records or evidence that demonstrate your disability and its impact.
- Prepare a detailed argument about why judicial proceedings immunity should not negate your case, especially in the context of discrimination and harassment.
If you have any other questions or need more guidance, feel free to let me know!
My argument is that my employer is vicariously liabile for the acts of their solicitors () agents. In turn the respondent (my employer) is arguing that this would fall under judicial proceedings immunity
Case Rating: *
****, considering your situation, here are a few points:
- Vicarious liability can apply if the solicitors (agents) were acting within the scope of their employment.
- Judicial proceedings immunity generally protects actions taken in the course of judicial proceedings. However, it may not cover discriminatory acts.
Would you like more detailed information or have any other specific questions about your case?
The full hearing for the case has not happened so there has been no final proceedings as such can I argue that judicial proceedings immunity should also not supply because there has been no final hearing and therefore judicial proceedings immunity cannot apply as it has been no witness testimony given as part of any final proceedings
Case Rating: *
****, you could argue that judicial proceedings immunity should not apply in your case because:
- No final hearing has occurred.
- The immunity generally applies to witness testimony and actions within the judicial process, which hasn't fully taken place.
- Your case involves ongoing discriminatory acts.
If you need more detailed legal arguments or further assistance, feel free to ask!
Thank you so much
Case Rating: *
****, it seems your case has strong elements, especially related to the acknowledgment of your disability and the lack of reasonable adjustments by your employer. Here are some additional points to consider:
- Document all requests and responses regarding reasonable adjustments.
- Collect medical evidence to support your disability claims.
- Prepare arguments that judicial proceedings immunity does not cover discriminatory acts and that no final hearing or witness testimonies have occurred.
If you have more specific questions or need additional guidance, just let me know!