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Senior Partner
Senior Partner, Solicitor
Category: Law
Satisfied Customers: 13323
Experience:  Solicitor with more than 30 years experience
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Hi a couple of years ago Ive been sacked by the (Italian)

Resolved Question:

a couple of years ago I've been sacked by the (Italian) director of a small (UK) company because, as a manager, I've tired to have him to follow Uk's rules and procedures.
After that I developed a serious and well documented depression. I have been reading that directors of companies of all sizes have personal liabilities with the fiduciary duties of their position but the guy lives in Italy and the company is about to go into liquidation. I've submitted my case to different legal firms, but non one want to represent me; could you please advice? Thanks - Daniela
Submitted: 2 years ago.
Category: Law
Expert:  Senior Partner replied 2 years ago.
Hi Daniela

Thank you of your question. How long were you employed by the company? Did you bring any claim at the time?
Customer: replied 2 years ago.

Over a year and I represented myself for unfair dismissal

Expert:  Senior Partner replied 2 years ago.
OK thanks. If you have already brought an unfair dismissal claim and not achieved anything then I am sorry to say that doubt if there is much you can do. An employer has an obligation to provide a proper working environment but if your depression was result of your sacking and not your employment then I doubt very much if there is likely to be a cause of action. I am not aware of any cases where a company or its director has been held liable for the emotional damage from a dismissal other than the compensation paid for unfair dismissal. So I am afraid I can see why noone has been willing to take on your case so far. Trying to make an unusual claim against a non resident is going to be challenging and expensive and frankly not a course I would advise you to embark on. Any litigation is an emotionally strain and bring ing a claim with little chance of a successful outcome is not really to be recommended. Even if your depression was caused by the employment not the sacking it may be difficult to get damages of any substance I am afraid.
Customer: replied 2 years ago.

Ok, thanks; please allow me to pick your brain.

I started employment on 08/2010; on January the person I was living with died of lung cancer; it was awful...

A few months after, I had to go to Italy to attend to a meeting with the director and the rest of the Co. It was so distressful that I ended up in A&E with a tachycardia.

That was the first of many times that the ambulance had to be called, even at work. On May the cardiologist put me on waiting list to have a heart procedure - Radio Frequency Ablation of Typical AVnRT.

By then I was already going to pieces; I was trying to cope with bereavement, at work it was all kind of problems and stress, so I sought counselling regarding a depressed condition that I didn’t managed any longer.

The company was always informed and they knew I was on medication.

They didn’t care neither comply with general knowledge and experience that may reasonably be expected of a person carrying out the role of Director; by then our relationship was irreversibly deteriorated.


In June 2011 during a meeting I informed the Co that I was liaising with the Environmental Health Department of London Borough, to request work place to be inspected.

From that day onwards Directors reduced contracted hours, changed job description, undermined all my managerial duties and responsibilities; they suspended holidays, delayed wages...

I even received an email from the director's wife(!) saying that we should all stay home to allow us to put behind this beautiful bar someone clean, tidy, smiling and willing to work.

On July 17th 2010 Director and major shareholder, demand me to return the company credit card, check book and the key to access bank account.

The operation was done in front of their wives.


The day after I received by email my dismissal letter.

As a punitive action my son and his girlfriend were also dismissed on the same day.

By doing that they jeopardized the welfare and well being of the entire household harassing us and taking away our jobs with no notice, intentionally malicious and revengefully.


Finally they managed to break me down.

On August I had been referred to a Mental Health Centre under psychiatric care. The diagnose was severe depression and I almost got sectioned.

Now almost 3 years later I haven't been able to go back to work as I'm struggling with pseudo dementia (which is consequence of depression).

It has also come to my attention that this people are now taking to court the franchisors ( they were a franchising) because of the layout ergonomics ...

Anyway is he really getting away with it? What happen to:

  • An employer failed in their duty of care;

  • An employee was harmed as a result;

  • The injury could have been reasonably foreseen by the employer.


Thanks for your time

Expert:  Senior Partner replied 2 years ago.
This sounds a sorry tale and I am sorry to hear about your bereavement which must have been very distressing. I t doe seem however there was something of a breakdown of relationship between you and your employer and whilst you may well have had good grounds for an employment based claim. You do not say if you were successful in your unfair dismissal claim but that is the proper forum of this type of claim. I think you would not stand much chance of success in a wider claim base upon a breach of duty of care and it would be pointless to pursue such a claim overseas . I can only advise that you put the matter behind you and try to move on in what is obviously difficult circumstances.
Senior Partner, Solicitor
Category: Law
Satisfied Customers: 13323
Experience: Solicitor with more than 30 years experience
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