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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48193
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I was medically retired from the prison service in june 2013

Resolved Question:

I was medically retired from the prison service in june 2013 one of my collegues was also medically retired at the same time she has seeked legal advice and claiming against the prison service for bullying harassment etc. Have I left it to late to take action my ex union rep said I had the best case in the service to take them to a employment tribunral any advice would be helpful thankyou
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 year ago.

Please can you provide some background information and please can you also tell me how long you had worked there for before retiring? Thank you

Customer: replied 1 year ago.
I was a prison officer for 13 years after several operations caused by the job which my consultant informed me I was sent to atos in London at the time I lost my mum in march 2013 I didn't really care what happened as I was still grieving even the doctor at atos couldn't believe they had sent me there so soon. I was then notified by post I was going to be medically retired I was called to the governors office and basically told if I don't agree to it they will pursue the paperwork that I'm not fit to carry out my duties I signed to take it they let me choose when I left so I chose end of june 2013. the week before my leaving date I was made to do 7 night shifts on the induction landing those that are coming in to prison and are very vulnerable and self harmers. one of my senior officers came to see me mid week telling me how I cant fulfil my duties making me deepley upset as they didn't seem to mind I was looking after 40 prisoners on my own.
Expert:  Ben Jones replied 1 year ago.

OK thank you for your response; please leave it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Expert:  Ben Jones replied 1 year ago.

The issue is that you are out of time to make a claim now. The tribunal has rather short and strict deadlines for issuing claims and in the case of an unfair dismissal or discrimination claim (which is what you would have had to claim in the circumstances) the time limit is only 3 months. So if all of this happened in 203, you are way out of time to be issuing a claim now – you would basically be time barred from taking this further. As you do not have a claim to take via the county court you cannot use their longer time limits (usually 6 years). Therefore as your only claims would have been through the tribunal and you have now missed the deadline to claim you would not be able to take this any further.

I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you

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