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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44924
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My daughter is off work with stress , she works part time but

Customer Question

My daughter is off work with stress , she works part time but is being given more and more work to do , she has mentioned this to her manager but to no avail,she has just received a letter from them threatening to terminate her employment ....this is the first time they have communicated with her.Can you tell me what her position is please ?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. How long has she worked there for?
Customer: replied 1 year ago.

She has worked 5 years.

Expert:  Ben Jones replied 1 year ago.
Whilst stress in the workplace is becoming an ever-increasing problem, no specific legislation deals with it. The rights of employees in these circumstances are scattered across various legislation and common law examples. A good starting point is to look at The Health and Safety at Work Act 1974 and related statutory instruments, which impose a general duty on employers to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees. This includes a duty to undertake risk assessments and manage activities to reduce the incidence of stress at work. In addition, under common law an employer owes a duty of care towards its employees, the breach of which can amount to negligence. As no standalone claim exists for being exposed to stress, the affected employee has the following options open to them if they were going to challenge their employer over this: 1. Grievance - this is a formal internal complaint, following which the employer is obliged to investigate the issues and deal with them in an appropriate manner. It should always be the first step in trying to bring the problem to the employer's attention and to try and reach a resolution. 2. Constructive dismissal - this occurs where the employee resigns because they feel they were left with no other option in the circumstances. Further considerations include:· It must be shown that the employer had acted in breach of the implied terms to provide a safe system of work or through their actions (or inactions) had broken the mutual trust and confidence· The breach relied on must be sufficiently serious to justify instant resignation· This claim is only available to those with at least 2 years' continuous service with their employer and must be made within 3 months of resigning. 3. Personal Injury - this is a claim for negligence against the employer. Further considerations include:· Some recognised illness must have been suffered. This could include clinical depression, specific trauma stress, a physical injury (e.g. stroke), etc.· The illness must have been caused directly by the employer's negligence, such as failing to appropriately deal with managing stress in the workplace· The illness must have been reasonably foreseeable - for example if the employee experienced one breakdown, that would have indicated to the employer that there is a problem and that further issues could arise if things were not dealt with appropriately. · The time limit to claim is 3 years from the time the injury was suffered. In the first instance, I would advise going down the grievance route first. In terms of a potential dismissal, if an employee has been continuously employed with their employer for at least 2 years they will be protected against unfair dismissal. This means that to fairly dismiss them their employer has to show that there was a potentially fair reason for dismissal and that a fair dismissal procedure was followed. According to the Employment Rights Act 1996 there are five separate reasons that an employer could use to show that a dismissal was fair: conduct, capability, redundancy, illegality or some other substantial reason (SOSR). The employer will not only need to show that the dismissal was for one of those reasons, but also justify that it was appropriate and reasonable to use in the circumstances. In addition, they need to ensure that a fair dismissal procedure was followed and this would depend on which of the above reasons they used to dismiss. If they have not then she could consider a claim for unfair dismissal in the employment tribunal as she has more than 2 years’ service. 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
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.

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