Unfair Dismissal medical reasons

danjackson2021

Long story short Due to work related stress someone who kept calling for help having panic attacks and such was pushed to the limit in work


instead of help and support they were given the opposite 

eventually having a nervous breakdown and being dismissed for it

can they bring a legal case against the company as it is a massive international company

kazwookie

How long have they worked at the company?

danjackson2021

kazwookie said:

How long have they worked at the company?

2.5years

whybfoesbthat make a difference?

danjackson2021

kazwookie said:

How long have they worked at the company?

2.5years

why does that make a difference?

Marcon

danjackson2021 said:

kazwookie said:

How long have they worked at the company?

2.5years

why does that make a difference?

If continuous employment is under 2 years, employment rights are considerably fewer than those who have at least two years' service.

danjackson2021 said:

Long story short Due to work related stress someone who kept calling for help having panic attacks and such was pushed to the limit in work


instead of help and support they were given the opposite 

eventually having a nervous breakdown and being dismissed for it

can they bring a legal case against the company as it is a massive international company

Not nearly enough information, but if you were unable to carry out your job on (in)capability grounds, and the company followed their own process in respect of dismissing you for that reason, very unlikely. Worth a chat with ACAS and/or an employment lawyer who has full information if you are determined to pursue, but if it's a massive international company their resources will hugely outweigh yours.

Jillanddy

Who is the "someone"? Because according to your other thread today you have just been made redundant? That obviously wouldn't be an unfair dismissal for any reason, medical or otherwise.

Proving an employer is responsible for mental ill health is exceptionally difficult and very few cases have ever succeeded for work related stress. So on balance it is highly unlikely that a successful case could be brought, but on this amount of information nobody could venture a guess at anything.

Undervalued

Jillanddy said:

Proving an employer is responsible for mental ill health is exceptionally difficult and very few cases have ever succeeded for work related stress. So on balance it is highly unlikely that a successful case could be brought, but on this amount of information nobody could venture a guess at anything.

This ^^^^^^

Plus if you / they felt that you / they suffered "work related stress" to that degree then how on earth are you / they going to cope with fighting a "massive international company"? 

OK, if you / they launch a claim the company might offer a small(ish) settlement to avoid the hassle and costs of fighting. That depends very much on their policy. Some will, whereas others will fight virtually all claims regardless of their merit.

danjackson2021

Undervalued said:

Jillanddy said:

Proving an employer is responsible for mental ill health is exceptionally difficult and very few cases have ever succeeded for work related stress. So on balance it is highly unlikely that a successful case could be brought, but on this amount of information nobody could venture a guess at anything.

This ^^^^^^

Plus if you / they felt that you / they suffered "work related stress" to that degree then how on earth are you / they going to cope with fighting a "massive international company"? 

OK, if you / they launch a claim the company might offer a small(ish) settlement to avoid the hassle and costs of fighting. That depends very much on their policy. Some will, whereas others will fight virtually all claims regardless of their merit.

This would be a good outcome for her

she said she would be happy with that

74jax

danjackson2021 said:

Undervalued said:

Jillanddy said:

Proving an employer is responsible for mental ill health is exceptionally difficult and very few cases have ever succeeded for work related stress. So on balance it is highly unlikely that a successful case could be brought, but on this amount of information nobody could venture a guess at anything.

This ^^^^^^

Plus if you / they felt that you / they suffered "work related stress" to that degree then how on earth are you / they going to cope with fighting a "massive international company"? 

OK, if you / they launch a claim the company might offer a small(ish) settlement to avoid the hassle and costs of fighting. That depends very much on their policy. Some will, whereas others will fight virtually all claims regardless of their merit.

This would be a good outcome for her

she said she would be happy with that

But I thought she was having work related panic attacks? Or have they stopped? 

Surely this is not an option she should be considering for health reasons? A month or so's salary but causing serious stress and more panic attacks and prolonging everything? 

Jillanddy

74jax said:

danjackson2021 said:

Undervalued said:

Jillanddy said:

Proving an employer is responsible for mental ill health is exceptionally difficult and very few cases have ever succeeded for work related stress. So on balance it is highly unlikely that a successful case could be brought, but on this amount of information nobody could venture a guess at anything.

This ^^^^^^

Plus if you / they felt that you / they suffered "work related stress" to that degree then how on earth are you / they going to cope with fighting a "massive international company"? 

OK, if you / they launch a claim the company might offer a small(ish) settlement to avoid the hassle and costs of fighting. That depends very much on their policy. Some will, whereas others will fight virtually all claims regardless of their merit.

This would be a good outcome for her

she said she would be happy with that

But I thought she was having work related panic attacks? Or have they stopped? 

Surely this is not an option she should be considering for health reasons? A month or so's salary but causing serious stress and more panic attacks and prolonging everything? 

^^^This^^^

You said she had a "nervous breakdown" - not sure what that means exactly as it isn't a term used these days, but I guess you mean she suffered some serious form of mental ill health. The employer isn't just going to rock up and offer a few months money. She will have to start employment tribunal proceedings (assuming she still can) and go through mediation with ACAS first. The employer might just offer some money to make it go away. They might alternatively fight her into the ground, insist on going to a tribunal, call into question her mental health and sanity, and make all sorts of other claims about her. And whilst there is no information here to make a judgement, there's a very strong likelihood she would lose, because (a) it is almost impossible to prove a casual link between mental ill health and employment and (b) it is fair to dismiss someone for taking too much time off work, provided due process has been taken. Meanwhile, her mental health will be battered again and again. Would that be a "good outcome" for her? I very much doubt it. 

Making a claim against your employer is very hard work even when you have a strong case, it is exhausting mentally and the employer will throw every bit of dirt they can at you - now and in the future. If she can definitely say that she is willing to take that risk for possibly a couple of months money, then fine. But please make sure that she really understands the full picture, not just the rosy one. There is someone else posting at the moment who has had multiple threads telling them not to do what they insist on doing. Every time it gets worse and worse. And the poster is so blind to reason that they think they are winning. Don't fall into that trap. You only do this if you are prepared to see it through to the end AND have evidence of wrongdoing (not just your opinion) AND are prepared for the possibility that things could get worse.

pinkshoes

danjackson2021 said:

Long story short Due to work related stress someone who kept calling for help having panic attacks and such was pushed to the limit in work


instead of help and support they were given the opposite 

eventually having a nervous breakdown and being dismissed for it

can they bring a legal case against the company as it is a massive international company

To be honest, it sounds to me like the person in question was not suited to that type of job, and given their mental health issues, then attempting to try and prove that the job caused the stress and breakdown would be extremely stressful and not worth it.

Life is for living, so this person would be much better off focusing on their health and finding a job that they are not going to find stressful, rather than dwelling on a job that clearly wasn't for them. Life is too short, so move on.

Everyone is different and people deal with jobs in different ways. Some people thrive on stress and pressure and demands, whereas others find it too much. 

I'm a teacher and the stress and chaos of dealing with kids all day doesn't bother me, not to mention the planning, marking, parents and irregular hours... A colleague of mine, however, found it just too much and ended up off sick with stress. They now work with a company writing educational books and love it! 

Admitting something isn't for you isn't failure, it's life!