How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48168
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

My husband been in fast paced manufacturing environment

Resolved Question:

hi my husband been in fast paced manufacturing environment on the exact same role for 11 years, over year ago stated to line manage that he struggling to keep up with pace now as older and asked if he can be considered for a transfer when suitable, 1 year on situation worse, along with a bad line manager, (lots of things hap) including going under a work doctor/counsellor (at Toyota) where his line manager posted a confidential paper on to notice board stating time counselling appointments - been told could not move, got hr involved and was told to stay on same job as now all resolved - asked again as still physically struggling - moved next day , introduced to new line manager who said at first meet, read your notes, looks you want an easy ride, feel everyone is against him and the area they finally moved him to is one of the hardest/hotest areas. my husband cannot face work and has been physically sick with this - put in grievance but they saying hr and medical dept at toyota that he needs to come in to work Monday and give it a chance - our personal gp signed him for two weeks but they saying he has to come in. what can we do? (husband his had good record only time for surgeries over years such as veins on legs, hernia ops etc)
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. What are you hoping to achieve exactly?
Customer: replied 1 year ago.
How to pursue this from a legal perspective. I feel my husband has been treated unfairly to what was a reasonable request after 11years on same job, now feels he has no choice but to leave.
Expert:  Ben Jones replied 1 year ago.
Thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 1 year ago.
Thanks for your patience. 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 stressors or other issues which may affect a person’s health. 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 the employer failing to deal with these issues appropriately, 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 and only consider pursuing legal action as a last resort if it is evident that the matter cannot be resolved in any other way.
I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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
Customer: replied 1 year ago.
hi thanks for that
We have put in a grievance he had to meet with HR and their independent medical dept (despite having gp sick note)...said there is some depression there that has built up but no physical reason why he cannot return to work on Monday and he should try this new role ......but knowing hotest area, lots of people worked in there stating it hard area (known reputation) and what the new group manager said when first meeting tim about easy ride and that you need to be pushed to stay motivated, my husband feels he got nowhere to go as managed got a preconceived view on him - it was not an unreasonable ask to request a transfer to job that was not as intensive but seems like they setting him for a fall or to leave as only moved him after tim asked again saying not resolved issues........do you have to resign to put in constructive dismissal?
Expert:  Ben Jones replied 1 year ago.
Yes I am afraid that is the only way to make a constructive dismissal claim because he would be arguing hat he was left with no other option but to leave. Whilst still employed he can only raise a grievance, make a personal injury claim or perhaps make a disability discrimination claim but only if he is classified as disabled, which I am not sure is the case here. If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.
Ben Jones and other Employment Law Specialists are ready to help you