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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My 28 year old Son resigned from his job on the 10th of December,

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My 28 year old Son resigned from his job on the 10th of December, we have just got him home from 6 days in a secure mental health facility as it became apparent that he was in the throes of a psychotic incident,(probably brought on by work stress), his consultant has said he will write us a letter to confirm his state of mind and I have drafted a letter which he has signed asking for re-instatement of job status and benefits until he has recovered sufficiently to make a correct decision.
His work will not speak to me or his Mother about his case due to data protection but I have also drafted a mail from Jason, which he has signed, giving us authority to speak to his work on his behalf. can you offer any advice on this?
Kind Regards
Dennis
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long has he worked there for and was this just a one off incident rather than a long term medical condition?
Customer:

Hi Ben, He has worked for the company for around 3 years, this is the first incident of this kind, he has had time off with IBS and has had some depression related incidents such as panic attacks etc

Ben Jones :

Hi Dennis, sorry I was offline by the time you had replied and have only just come back on.

I have checked but there is no case law which deals with an employee resigning when not in the correct mental state of mind to do so. The cases mainly deal with employees resigning in the heat of the moment, when they may not have meant to do so but did following an argument or heated discussion. In these circumstances an employer is expected to give the employee a day or two at most to allow them to change their mind if needed.

You could nevertheless argue that by being in the midst of a psychotic episode your son did not have the required state of mind to submit a valid resignation and that as such it should not count as legally binding resignation. Again, there is no specific case law on this so it is more of an argument that you could try and raise at this stage rather than something which you can specifically refer them to.

If they refuse to acknowledge any of the above then your only way of taking this further is to submit a claim in the employment tribunal for unfair dismissal, although this must be done within 3 months of him leaving. You do not need the employer’s response to do this and can issue it whenever you want within that time limit.

If you want to communicate with the employer on his behalf in the meantime then you can get the notice you mentioned but the employer is not obliged to respond to you or enter into any correspondence with you, even with such authority. Legally they can ignore you, it is a moral issue not a legal one.

Hope this clarifies your position? If you could please let me know that would be great, thank you and a Happy Christmas

Customer:

Thanks Ben fantastc help.

Customer:

have a great Christmas

Customer:

Ben I have tried to rate you Excellent but it doesn't seem to be working there is no submit button?

Ben Jones :

Sorry about that it may be a fault in the system but we can resolve at our end. All the best

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46146
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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