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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45392
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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JonesThank you so much prompt response,

Customer Question

For Ben Jones
Thank you so much for your prompt response, but please may I ask a couple more questions. I am certain that my brother satisfies the criteria of the definition of disability you mention above. He was urged to seek help by his employer because he said that he recognised the symptoms as his father has suffered the same condition. So when my brother did as his employer urged him to, he then subsequently dismissed him because he found it difficult to explain his continued absence. From what I can deduce from your response, because my brother has worked for less than 2 years, if they had simply fired him, he would have little recourse. However, because he was urged to seek medical treatment, which it transpires he needed, he has a case of discrimination?
My question is, what repercussions would there be on the company if he were to escalate this, and what form of compensation could he potentially seek from them? He is now out of work, and still signed off by his GP. This has further affected his confidence and self estemm and he feels that he has been set back with his treatment. Many thanks
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello again when was he dismissed by the employer?
Customer: replied 1 year ago.

He was dismissed on 15th October 2015.

Thank you

Expert:  Ben Jones replied 1 year ago.
Hi there, you are correct that had he been dismissed for any reason unrelated to his condition, there would be no recourse. However, the protection he gets does not arise from the fact he had sought medical treatment, but because he is classified as disabled and was treated detrimentally as a result, or was dismissed because of it. If he was dismissed due to a disability then that can make the dismissal automatically unfair, regardless of length of service. So now that he has been dismissed he only has one option left and that is to make a claim in the employment tribunal for unfair dismissal and disability discrimination, which he must do within 3 months of dismissal.
A new feature in the employment tribunal’s claims process is mandatory early conciliation with ACAS. This requires prospective claimants to notify ACAS and provide details of their intended claim and they would then try to negotiate between the claimant and respondent to seek out of court settlement in order to avoid having to take the claim to the tribunal. It is possible for the parties to refuse to engage in these negotiations, or that they are unsuccessful, in which case they would get permission to proceed with making the claim in the tribunal.
If negotiations are initiated and settlement is reached, then the claimant would agree not to proceed with the claim in return for the agreed financial settlement.
The conciliation procedure and the form to fill in can be found here:
https://ec.acas.org.uk/Submission/SingleClaimantPage
In terms of the time limits within which a claim must be presented, the early conciliation process places a ‘stop’ on that and the time between notifying ACAS and them issuing permission to proceed with the claim would not count for the purposes of these time limits.
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
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45392
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.

Dear Ben

Thank you so much for your excellent guidance. As we have no previous experience of a situation such as this, what would you consider would be reasonable compensation claim, bearing in mind that he is likely to be unfit for work for several months? I gather from what you have said, as this is potentially an automatic claim, it is immaterial if the period of time that he is signed off exceeds the period of time which would have meant that he would have completed two years' service?

Just one more question, from your reply, it would seem that his best course of action is to direct his claim straight to ACAS. I believe that when he spoke with ACAS previously, they recommended that he write to his employer to give them an opportunity to come to an agreement, and give them 14 days to reply satisfactorily before he contacted ACAS.

Many thanks

Kind regards

Expert:  Ben Jones replied 1 year ago.
Hello, I am happy to continue helping but I note that I have now answered 3 separate questions for you but have not received a rating for any of them, which means I have not been credited for any of the time I have spent preparing my replies. Please go back and check the questions on your account and kindly leave a positive rating for each, including this one, and then I will gladly answer follow up questions, otherwise it is becoming uneconomical for me to continue. Thanks you
Customer: replied 1 year ago.

For Ben Jones

Apologies for not submitting a rating. I interpreted the instructions as being that I needed to submit my rating OR send another question, and I would then submit a rating at the end. But thank you for your excellent answers so far.

Are you able to please advise me as above, regarding what would be considered a reasonable compensation claim?

Kind regards

Expert:  Ben Jones replied 1 year ago.
Many thanks for leaving your ratings. In terms of the value of a claim he could claim for loss of earnings from date of dismissal until he finds a new job or is likely to do so. In addition he could claim for the discriminatory aspect of the claim. If a claim for discrimination is made, the usual remedy would be to award compensation for injury to feelings. This is calculated by considering the level of discrimination that the claimant has been subjected to. The seriousness of the discriminatory behaviour is assigned to one of three ‘bands’ known as Vento bands, named after a court case with that name. The current compensation levels are as follows:
• Lower band - for less serious cases, for example an isolated incident or event (£600 - £6,000)
• Middle band - for serious cases which are not serious enough to fall within the highest band (£6,000 - £18,000)
• Top band - for the most serious cases, for example if there has been a lengthy and calculated campaign of harassment/discrimination (£18,000 - £30,000)
I would say he is probably in the middle of the lower band. So he should approach them first directly to try and resolve this and if that does not work he should go through ACAS before considering a tribunal claim.
Customer: replied 1 year ago.

For Ben Jones

Hi
I have a question relating to construction law. We design, manufacture and install Building Management Systems (BMS). Over two years ago (September 2013), we installed one of our control systems in a very high end residential property, which was newly constructed and had not been sold. It was a very slow project due to financial issues with the main contractor, and we were only able to commission our system in August 2014. We have now been informed that there are latent defects, and we are being asked to return to address these. We have responded that on account that they did not take out a maintenance contract, too much time has elapsed given that the system has been in place for over two years. The mechanical company has stated that we are obliged to attend to remedy latent defects, and if we do not do so, they will employ the services of others and forward the costs to us. Please can you advise me if they are able to do this?

Kind regards

Expert:  Ben Jones replied 1 year ago.
Hello thanks for the new question but this is outside my area of practice so please post it as a new query on our site and someone should be able to help you. Thanks

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