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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 12418
Experience:  Qualified Employment Solicitor
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My husband has very recently been admitted to a psychiatric

Customer Question

My husband has very recently been admitted to a psychiatric hospital, due to a psychotic episode,severe depression and paranoia.He has been sectioned under the Mental Health Act,so I am now responsible for his treatment and welfare.
I feel that the business he was working for as a manager,working in the gaming industry,has been complicit in his nervous breakdown,as although he was signed off sick by hie GP,first for a week,then for a month,with mild depression and anxiety,his company would not pay him whilst signed off.
They insisted that should he resign whilst off sick,he would have to still work three months notice.My husband also noticed on his firms web site, his job as manager,was being advertised !
Due to worry about the future and the financial issues,I feel this exacerbated his mental health, and my husband is now significantly disadvantaged by being ill,with no income and no know prognosis of when he might be well enough to work again.
My husband has just turned 50,with no history of mental illness and has worked for over 25 years in the gaming industry to his credit.
Do you think he has a case for Constructive Dismissal that could be instituted against his employers?
Lynne Galanti
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. Did he resign in the end and if so, when?

Customer: replied 1 year ago.
he did a week before his sick certificate expired. We felt that if he was able to look for another job without the stress that he was under from this job, it would be better for his health.He has asked for help from his manager who knew he was not coping well , in fact he had been put on a performance review where he was expected to show improvement in running his own club in Aldershot.
This added to the anxiety of course, but he was given no help of more staff which is what he needed
Also whilst off sick no one from his company visited him, which they are supposed to, to offer support and guidance for a return to work. I have e mails showing that he was expected to work three months notice if he resigned whilst still off sick, which yet again madw Paul more anxious abd depressed.
I actualy write to them and said due to Paul's mental state working three months notice would be detrimental to both parties, and did not get a reply, Paul got a call the next day to say they would be coming to pick up the company car he driving.... This I assumed meant they had accepted his resignation .His P45 followed a short while later.
I night add that Paul did his training with this company with four other men, three left within a year, and I have been in touch with the fourth one who said one if the guys that left, almost had a nervous breakdown.....he is willing to cinfirm this if you need him to.
Customer: replied 1 year ago.
Apologies for the predictive text mishaps! Hope you get the gist of my reply ?
Expert:  Ben Jones replied 1 year ago.

Thanks and when did he resign please? has he found a new job since?