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Uncontrollable crying and Activity 17
I was wondering whether anybody knows whether frequent and uncontrollable crying could be classed as uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace for Activity 17? Thanks a lot.
I’ve successfully argued that uncontrollable crying is disinhibited behaviour. Wasn’t a problem.
@Dan Manville
Amazing. Was it ok at FTT or did it go to UT? I don’t suppose you have any hints for my submission (I couldn’t find anything in the WCA handbook)? Thanks a lot!
Just argued the same on an MR. Watch this space.
The anticipation is killing me!
The anticipation is killing me!
That’s well on the way to being disinhibited. Such an overly emotional reaction :)
Presumably if we can get clients to admit they use LOL and ROFL that’ll count too :)
I often find myself attributing descriptors to all those around me - haha glad I’m not the only one!
Same as Dan, I’ve managed to get client’s appeal allowed on this basis (and indeed also in the SG). Client became very emotional and upset when asked about life events that had lead to depression and anxiety and was clearly in a very fragile state. Chair recommended no reassessment for 2 years, to allow client time to try and benefit from input of psychiatric services who he was engaged with.
@Paul_Treloar_CPAG
Thank you for the input..
Still looking for more info to help my submission - especially if anybody knows any case law!
No case law but I’ve argued the same at tribunal and had no difficulty getting Activity 17 points awarded.
I agree, arguing the facts of your client’s case and relating to the normal use of the words should be sufficient. Even medical evidence is of limited use to an extent, because it’s often the case that the client becomes distressed during your interview unfortunately and similarly will have problems at the hearing.
Wow thanks for all the input.. I am going to do it then..
case law is in CSE/697/13 (its on rightsnet) “the new tribunal can accept that episodes of tearfulness can amount to disinhibited behaviour” Judge Gamble, supported by Judge Parker in CSE/536/2014
@chrisorr
Wow, just wow! Thank you so much!
CSE/697/13 is attached in this thread if anybody wants:
http://www.rightsnet.org.uk/forums/viewthread/6187/#26157
Chris Orr still exists and posts on Rightsnet. Wow. Just wow 😊