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Ask Buachaill Your Own Question
Buachaill
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 12293
Experience:  Barrister 17 years experience
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Employment Law - My husband has been coping with a scope of

Customer Question

Employment Law - My husband has been coping with a scope of work that clearly is not fair, working up to 16 hours a day, including weekends. He had a star tracking record, being promoted and getting raises every year based on performance. He is the most senior employee on the team and up until the new manager started, he was second in command. Since she started, she made clear that he was irrelevant (felt threatened) and is doing everything to get rid of him (even started a disciplinary action). My husband is a peaceful man, who hates confrontation and she's taking advantage of this. He is now very mentally unstable and we want to send him to a psychiatric hospital, but we can't afford it. Can we get the work to pay for that?
JA: Was the disciplinary action discussed with a manager or HR? Or with a lawyer?
Customer: Yes, but he didn't put up a fight, he was afraid to get fired if he said what she was asking was unfair.
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: Employees
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No.
Submitted: 8 days ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 8 days ago.

Hello, and thank you for your question. I am your Expert and I will provide the answer you require.

Expert:  Buachaill replied 8 days ago.

1. Your husband's employer is liable to him, including having to pay the costs of his mental treatment and care, if your husband can show bullying and harassment at work, or else, if he can show his mental health deterioration is due to his treatment at work. So, if your husband wants to have his employer pay the costs of attending a psychiatric hospital, he should see a solicitor and get legal proceedings issued for work injury, either due to his treatment at work, or because of the bullying and harassment this new manager has carried out on him. I would suggest your husband sees the solicitor first, and gets the solicitor to write a Letter before Action to your husband's employer, calling upon them to pay the costs associated with him attending a psychiatric hospital, in default of which he will sue them. The company might be willing to agree to pay the costs of his psychiatric hospital treatment to ward off a claim from him for work injury, or for bullying and harassment. So, he should first negotiate with them before he sues them. He should also look at his employment contract and see if the company provides some form of mental health insurance to see if there is some company insurance policy which would pay for his mental health treatment. Many companies have health insurance for employees which might help your husband in his current situation.