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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49816
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My husband was a lecturer at a local college, he had been

Customer Question

My husband was a lecturer at a local college, he had been employed by them for 23 years. In April 2014 just before I was to start adjuvant radiotherapy he was told he was going to be investigated for some minor mistakes and was also told that they were concerned about his mental health state. I had been diagnosed with breast cancer in August 2013 and underwent surgery, chemotherapy and radiotherapy and this had put a strain on my husband's mental health. The result of his manager's bullying left my husband feeling his only option was suicide. Fortunately he made the mistake of emailing the occupational health nurse believing her to be on leave and this alerted her, me and his GP. He was offered voluntary redundancy which he accepted with the proviso that he took no action against the college. My question is would I be able to take action against the college. My husband's mental health state deteriorated over 2014 and is only just picking up now. I am angry at the college for the stress it put me under at a time when I needed to concentrate on my own health. I have undergone reconstruction surgery and my husband is doing supply teaching but, despite being an excellent teacher, has not been able to find a permanent job and is convinced he has been blacklisted. The college were in my opinion derelict in their care of duty towards my husband. The mistakes he made were minor and they should have taken the fact that he was dealing with my illness into account. He has a good record as a teacher and I feel that this has been marred by the college. I would like to take action for the stress they have put me under since this happened.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Expert:  Ben Jones replied 1 year ago.
Can you please tell me when your husband left the college?
Customer: replied 1 year ago.
His redundancy package included payment in lieu of notice so his termination date was 7 July 2014.
Expert:  Ben Jones replied 1 year ago.
OK, thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 1 year ago.
Many thanks for your patience and sorry I could not get back to you last night, I experienced some connection issues. In terms of potential action there are a few options, although there will be various issues with these and will explain them below:· Unfair dismissal – if he believes that he was unfairly targeted and dismissed as a result of this, it could have made the dismissal unfair, even if it was voluntary. However, there is a strict time limit of 3 months to claim so he will be out of time· Disability discrimination – if he was discriminated because of his medical condition and the employer did not make reasonable adjustments to try and help him it could have amounted to discrimination but again there is a 3 month time limit so he will again be out of time· Personal injury – if they had acted negligently an such negligence resulted in some form of personal injury to him then it could result in a claim for that. A personal injury does not have to be a physical one it can also be a mental one but it needs to be a recognised psychiatric illness, not just stress. There is a 3 year time limit to claim o he is still within time. Also please note that only he can make the claim, you cannot claim for your own personal jury experienced by this because the employer would not have owed you a duty of care, they would have only owed it to him as their employee. So sadly you cannot make a claim yourself, it would have to be him making it for his own injuries. This is your basic legal position. I have more detailed advice for you in terms of the steps he needs to take in order to take the matter further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.