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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47415
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My son who was 34 was given sick leave from work due to stress

Customer Question

My son who was 34 was given sick leave from work due to stress by his doctor. Unfortunately he died 5 days before he was due to return to work. His death was unexplained.
As his father is there any recourse I can take against his company?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Why do you think the employer is liable for anything?
Customer: replied 2 years ago.

Hi ben, my son worked for Lloyds bank in London and was part of the FX department. He was under a lot of pressure from his work and had been off work on the sick for about 4 weeks diagnosed with stress. My son had no history of stress or depression, he had no matrimonial or girlfriend problem and had no financial worries whatsoever. He was however, very upset about the stress his company was putting him under and I understand he either had approached or was going to approach an Industrial lawyer concerning his problem. I had agreed to stay with him in London while he returned to work. Sadly he passed away the day before I could travel to him.

Expert:  Ben Jones replied 2 years ago.
What what the official cause of death?
Customer: replied 2 years ago.

There is an inquest to be held on the 30th September. His death certificate just put cause of death as unexplained.

Expert:  Ben Jones replied 2 years ago.
Whilst there is nothing stopping you from suing the company you would find it extremely difficult to win, at least at this stage. He was signed off work with stress and died son after but that does not mean the company was responsible for his death. He may have had a condition which caused his death which had nothing to do with the stress he was under. There is no official cause of death and whatever conclusions you may have jumped to about what caused his death, without an official cause linking it to his employer, it would be extremely difficult to take this any further. To be able to sue you must be able to show that the employer was negligent in their approach, that what they did fell below the standard expected of reasonable employers in their position. Then you must show that these actions caused his death and that what happened was a foreseeable outcome. It is no good showing that the employer had caused his stress and that he had a condition unknown to him or anyone else which meant he was at extra risk if he got stressed because that would not be a foreseeable outcome. So at this stage it is too early to do anything, you have very little to support any type of claim. At least wait until the outcome of the inquest and then depending on that you can consider your options bearing in mind what you need to show to make a claim.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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Customer: replied 2 years ago.

Thanks for your information Ben. I will come back to you after the result of the inquest.

Expert:  Ben Jones replied 2 years ago.
You are most welcome. In the meantime could you please leave your rating for the service received so far as it is an important part of our process thank you .

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