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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44953
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My wife was made redundant after 35 years with the same employer

Customer Question

My wife was made redundant after 35 years with the same employer without any consultation whatsoever. She was therefore dismissed unfairly. This is aaccpted by the employer. But my wife is now mentally very low and she may never work again due to the Grievous Mental Harm suffered. She was off-sick following a serious operation when she was invited to a meeting to be told her post had been deleted. Other jobs were available during the consultation process but none made available to my wife as she was off sick at the time.
We are told that the long-term (3 years now) mental personal injury suffered is not allowable as a claim against the employer. Is this true please?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. When was she made redundant?

JACUSTOMER-6fktekh3- :

Notified that her 'Post was deleted' on 7.10.10. Remained on full pay for almost 12 mths to Sept 2011.

Ben Jones :

What claim exactly were you thinking of making and where?

JACUSTOMER-6fktekh3- :

A personal injury claim for personal mental injury. Not sure where would be best.

Ben Jones :

Why have you been advised that you cannot make this claim and by whom?

JACUSTOMER-6fktekh3- :

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.

JACUSTOMER-6fktekh3- :

Sorry advised by a PI lawyer.

Ben Jones :

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

JACUSTOMER-6fktekh3- :

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.

JACUSTOMER-6fktekh3- :

We are pursueing an unfair dismissal claim. But this has only limited value.

Ben Jones :

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.

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