Hello my name is ***** ***** I am an employment lawyer and I am happy to help you today. How long have you worked for the employer for?
Hi Yvonne, what kind of claim are you looking to bring? Do you believe that you actually suffered additional harm as a result of your family not being notified/ the delay in the heart attack being diagnose or recognised?
I do hope you are feeling better now?
The difficulty for you is your length of service. From an employment law point of view you can only claim constructive dismissal if you have been employed for at least 2 years. In order to do this, even with 2 years service, you would have to prove that the action of the employer was so bad that you have no alternative but to resign.
You could also argue that it is a breach of duty of health and safety but unless you can establish that you suffered actual harm as a result of them leaving you on your own and having to drive yourself it is hard to see what damages can be established. Again in a personal injury claim you need to prove actual harm as well as the duty of care.
I really do understand that this has been very upsetting for you but I am not sure it is going to be easy for you to bring a claim against your employer in these circumstances.
Is there anything further you would like to know about this?
Hell Yvonne, is there anything further you would like to know? If I have answered your question I would be grateful if you would take the time to leave a positive rating as I am not otherwise credited for my time. Thank you and all the best.
Are you saying they are responsible for your heart attack or for any current ill health?
I really do understand why you are upset but there is no claim unless their actions have caused actual harm. This would be the same if you were a patient. Personal injury law requires the following elements, duty of care, actual harm (caused by the failure of duty of care), financial loss.
In your situation there is no doubt there is a duty of care, it is just that I do not think you can establish actual harm or loss arising from a breach.
I am really sorry that this is not the answer you were hoping for but it would be wrong of me to say I think there is a claim when I do not think there is. I do not make the laws.
Please let me know if there is anything further you would like to know.