Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is Ben and it is my pleasure to assist you with your question today. When was she made redundant?
Notified that her 'Post was deleted' on 7.10.10. Remained on full pay for almost 12 mths to Sept 2011.
What claim exactly were you thinking of making and where?
A personal injury claim for personal mental injury. Not sure where would be best.
Why have you been advised that you cannot make this claim and by whom?
Basically we are told that as this injury occurred whilst in employment but at the time notice of redundancy was given. It was the way the notice was given AND that no other alternative posts were offered that has caused so much distress after 35 years.
Sorry advised by a PI lawyer.
I agree with the advice you have been given and do not see there being a PI claim here. Whilst your wife may have suffered from the way this was handled, this should have been pursued as an unfair dismissal claim, not a PI one. The effect this has had on your wife would not have been reasonably foreseeable by the employer and as such placing liability on them for the mental personal injury is going to be extremely difficult
We feel they knew very well what this reduncancy would do to my wife. For months a manager would visit my wife at home. As soon as the restructuring was announced (we have since discovered) these visits stopped. My wife was constantly asked not to return to work. Due to her vocational view to her work - known by all at the hospital - she was a victim and the visitor applied for and secured the position my wife could have applied for - had she known of its creation due to the restructuring.
We are pursueing an unfair dismissal claim. But this has only limited value.
There is nothing stopping you from making the PI claim, i just think it will be very difficult to win it and get anything out of it.