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Ben Jones
Ben Jones, UK Lawyer
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My husband was a HGV driver. Last year he went to Dr about

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My husband was a HGV driver. Last year he went to Dr about "funny turns". He was referred to neurological consultant and advised by gp to not drive. Consultant gave clinical diagnosis of a mild form of epilepsy. He lost his HGV license for a minimum of 10yrs. He was 58. Whilst off sick his company started to consider making up to 5 drivers redundant. He had his employment terminated due to ill health in February this year. About a month ago 3 of his colleagues were given redundancy, they had chosen the older men. If he had still been employed he would have been one of them. As there was talk of redundancy whilst he was still employed should he have been offered redundancy or because he was no longer able to do his contracted job would this have ruled him out of this option.
Submitted: 8 months ago.
Category: Law
Expert:  Jo C. replied 8 months ago.

How can I help with this please?

Customer: replied 8 months ago.
I was wondering if he could claim redress as he was not offered redundancy despite the company knowing they were going to make people redundant
Expert:  Ben Jones replied 8 months ago.

Hello, my name is ***** ***** my colleague has asked me to assist with your query as it is more my area of law. How long did he work there for?

Customer: replied 8 months ago.
Nearly 25 years
Expert:  Ben Jones replied 8 months ago.

Thank you. Even if there may have been a potential challenge on the way this was handled, the issue is that he is now sadly out of time to do anything about it. His claim would have been for unfair dismissal and there is a strict time limit of 3 months from the date of dismissal to make the claim in the employment tribunal. Even if the grounds for claiming had become apparent at a later stage, the time limit still remains the same and the date from which the 3 months is counted is still the date of dismissal. So if he was dismissed in February then any claim over this must have been submitted some time in May at the latest. We are clearly past that stage now so he is legally time barred from challenging the employer’s decision.

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

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46808
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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