Unfair Dismissal medical reasons

Ath_Wat

pinkshoes said:

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

. 

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! 

I trained as a teacher and it was by a distance the most stressful thing I have ever done.  I fairly quickly went to do something else.  If you are not cut out for it it can be one of the worst jobs in the world; if you are, it can be great.
Staying in it and then complaining about how much it affected me would just have been stupid.

danjackson2021

So which legal team is best 

do any do no win no fee for getting compensation for unfair dismissal?

happyc84

there is very little chance of unfair dismissal. Don't put false hope when its better to seek a settlement and move on. Although with only 2.5 years I would say  the chance is very low.

elsien

Jillanddy said:

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.

OP has a habit of asking questions which then turn out to be about someone else, so they generally don’t give enough information for a half sensible reply. 
Back in March 21 the person using the account was retired.

k3lvc

danjackson2021 said:

So which legal team is best 

do any do no win no fee for getting compensation for unfair dismissal?

Out of interest did you listen to/read the numerous threads outlining the options and likelihood of success ? Or are you/she just focussed on the opportunity for a payout.

I speak as someone who's been there (although my dismissal hadn't actually happened) - and with much bigger numbers (20yrs service) involved - and I struggled to get legal representation with most suggesting they were unlikely to ever win and any compromise agreement could easily be swallowed up in their fees

Even for the max potential financial outcome based on 2.5yrs service I'd be questioning the wisdom/psychological impact of fighting this vs walking away

danjackson2021

I’m not going to walk away with nothing I want to settle for a payout 

k3lvc

danjackson2021 said:

I’m not going to walk away with nothing I want to settle for a payout 

But it's not you - it's your 'friend' ??

And given you/she has already left then the chances of a payout have decreased even further - compromise agreements (usually) come before dismissal

pinkshoes

danjackson2021 said:

I’m not going to walk away with nothing I want to settle for a payout 

Then go see a "no win no fee" solicitor. If they agree to take it on then you have a case, if they don't then walk away as you clearly haven't a case.

Or why not just move on with your life and do something that isn't going to stress you out? Different people are suited to different jobs. This job clearly wasn't for you. That's your problem, not your employer. Why should they have to pay out?

You did a job, it was too stressful for you, so go find a different job that you find less stressful rather than looking for compensation.

Undervalued

danjackson2021 said:

I’m not going to walk away with nothing I want to settle for a payout 

As good parents sometimes say to naughty children, "I want doesn't get"!

Jillanddy

Based on what you have said here,  and IF the person is within the deadline for a claim ( which,  frankly, if they are,  it wasn't a very serious "nervous breakdown" - your words not mine,  but one does not bounce back from a serious mental illness in less than three months), then no decent NWNF lawyer will touch you.  They need a good chance of winning,  and even the very best stress related cases do not amount to much of a chance of winning, because they won't recover their costs. Even if you don't pay them directly (and you will if a settlement is offered, out of the money you get - and actually I've seen cases on here where people ended up owing more than their settlement was worth) then they'll push you to stay the course - if you drop out they'll charge the person fees.  So you go to a tribunal - if you think teaching is stressful,  wait until you meet the employers lawyers. And then you'll lose because dismissing someone for medical reasons isn't unlawful, and the chances of proving the employer did something wrong will be slim. 

Regrettably, some jobs don't suit some people. Everyone has their own triggers. I've done loads of stressful work, but I wouldn't last a month in some roles  You are doing your " friend" no service by trying to push them into this course of action. If they exist,  and if you care about them,  help them to move on and find a path that suits them better.