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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49836
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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feb 12 my partner went sick from work, police officer, with

Customer Question

feb 12 my partner went sick from work, police officer, with damaged coccyx caused at work prior to that. since then her work has served papers saying she is malingering because she can jog. they also state that she participated and trained in an event she was not at! now 3 weeks from the hearing they have asked her permission to approach the event organizers for proof that she did or did not compete.

over the year she has had constant problems/bullying with them. they sent her to occupational health due to her being off and then cancelled it without telling her, then sent superiors to serve papers on her to re attend!!

she is no longer being paid by the force, despite the original injury being work related, and is due an operation within the next couple of months which result in approx 8-12 month recovery (on the damaged coccyx!) if she left can she claim constructive dismissal as she feels that if she returns she would be treated unfairly and would feel that she had lost trust with employers etc due to this.
Submitted: 5 years ago.
Category: Law
Expert:  Ben Jones replied 5 years ago.
Hello, my name is Ben and it is my pleasure to be able to assist with your question today. Please let me know how long has she worked there for?
Customer: replied 5 years ago.

Hi Ben

Helen has been in the police 11 years

and the accident happened 7 years ago


Expert:  Ben Jones replied 5 years ago.
you mentioned a hearing - what is this for?
Customer: replied 5 years ago.

For Ben Jones only

the hearing is because they say she is malingering and not really ill even though the medical experts say she is and she is in line for a coccix removal very shortly

Expert:  Ben Jones replied 5 years ago.
So is it a formal disciplinary?
Customer: replied 5 years ago.

it is a misconduct hearing

Expert:  Ben Jones replied 5 years ago.
Have they said she could be dismissed as a result?
Customer: replied 5 years ago.

Yes they have

Expert:  Ben Jones replied 5 years ago.
if that is the case then she should certainly hold fire with any resignation. If she is facing a potential dismissal then it would be advisable that she goes ahead with any disciplinary, fully defends this and then awaits its outcome. If she is dismissed she can appeal first before considering a claim for unfair dismissal. This claim is generally easier to pursue than a claim for constructive dismissal where she would be required to resign first before claiming. The reason for this is that in an unfair dismissal claim it is for the employer to show that they had dismissed fairly and followed a fair procedure, whereas in a constructive dismissal case it would be for the employee to show that the employer had breached their contract and it was serious enough to justify resigning.

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Customer: replied 5 years ago.

as a police officer she is appointed rather than employed, so if they decide she is 'guilty' of malingering they can insist on her resignation rather than dismiss


Expert:  Ben Jones replied 5 years ago.
sorry I should have actually made that clear, if she is a police officer she is an office holder and cannot claim for unfair dismissal, neither can she claim for constructive dismissal. So neither claim is an option. All she can claim for is discrimination if she can show that her condition was a disability in law and that the employer had treated her unfavourably due to this.