How do I write an impact statement to prove disability in the Employment Tribunals?

What is a disability impact statement?

An impact statement is a witness statement in writing addressing the impact of your alleged disability on your work and wider life. You must state only what you know to be true as you are giving evidence to the Employment Tribunal in support of your claim.

When will an impact statement be required?

An impact statement may be ordered by a tribunal judge during proceedings if your employer is disputing that you have a disability. 

Can I include this information in my original claim document?

It is helpful to include a short paragraph or two in your claim document detailing why you say your impairment is a disability under the Equality Act 2010. This may avoid a tribunal ordering you to prepare a separate statement but keep it brief and on point. Tribunals get irritated by overly long documents and you are doing yourself a huge disservice if you put in too much detail. Less is more. It also has a better chance of hitting home before the judge’s eyes glaze over because you have gone off point. 

What does my impact statement need to say?

Your impact statement should be a short concise document setting out in numbered paragraphs relevant information which will help a judge decide whether you meet the Equality Act 2010 section 6 definition of disability. 

What should my impact statement not say?

Tempting though it might be you need to focus on your medical condition and not go into the details of your claim/complaints against the employer. The sole purpose of this statement is to persuade the tribunal that you are legally disabled and if you fail to persuade them your disability discrimination claim will fail. The burden of proof is on you to show that you meet the definition. Stick to the point – do not get side-tracked into too much detail. A short, focussed statement will achieve much more than a kitchen-sink approach of downloading every thought and feeling you have about how badly you have been treated at work. 

Keep your statement brief

A few sides of A4 paper will do. If you go to town and carry on at length you will loose the interest of the reader and are more likely to fail than succeed. 

Examples of issues which the impact statement should address

• Any significant medical history. Point to key dates in the medical records. Highlight any surgical or medical treatment such as medication and other treatments. 
• Dates are important. Be precise. 
• When did you first get symptoms? Ensure your statement (and any medical records) are presented in chronological order.
• What were those symptoms that first started to impact you?
• Has there been any change or deterioration in your symptoms and if so what has the pattern been?
• What are you unable to do at all because of your symptoms? Give a couple of examples of things you could do before symptoms but cannot do now. Use everyday examples such as reading a book or going to the shops. 
• Do not focus on what you can do. This is not relevant.
• What can you only do with difficulty?
• What are you able to do with adjustments and what are those adjustments/aids? For example, you can walk but only with a walking stick. 
• Detail briefly what you understand to be your prognosis – what lies ahead for you?
• If you are taking medication detail briefly how your daily function would be if you were not taking the medication. This is the relevant test for the tribunal – how would you function but for treatment?

A note on medical evidence in support of your impact statement

Any disability discrimination claim must be supported by medical evidence. At a basic level ask your GP surgery for a print of your medical history. If you are having hospital treatment and have any correspondence from the consultant you should include this too. Be careful to avoid producing every document that ever existed and focus on giving the tribunal a neat package of well-ordered (chronological) documents to make their assessment easier. 

Written by Elizabeth McGlone