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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50488
Experience:  Qualified Solicitor
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My daughter is currently off long term sick ( 2 years ) after

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My daughter is currently off long term sick ( 2 years ) after suffering permanent vestibular and neurological damage as a result of negligence by the Dive School where she was undergoing Scuba Diving Training for her role in the Police Force. She will never be able to work full time again and even part time would be limited if at all. She is currently on no pay and the Police have been delaying her referral for medical assessment for ill health retirement for over 6 months with no resolution in sight. In addition they are now trying to deny the fact that she was injured on duty which will have a significant impact on the level of pension she would receive. Given my daughters disability and uncertain financial future this is causing her great distress and I consider it to be Emotional Bullying. Is it possible to take civil action against them.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. have you raised these issues internally with them, for example through a grievance?
Customer: replied 2 years ago.
She has her union the Police Federation involved and they had to resort to threatening them with going to the High Court in January to have her referred to the Senior Medical Practitioner who would make the decision on her suitability to continue in the Police Force. We are now 2 months down the line and still no appointment, we have a suspicion it is all being delayed until the next financial year as these things impact their budgets.
Making a claim for bullying is not something which is done easily. There is no standalone claim for bullying as such and you need to pursue it via other existing claims, such as personal injury or constructive dismissal. In a constructive dismissal claim the person needs to resign and make the claim so in the circumstances that may not be appropriate. In a personal injury claim the person need to show that as a result of the employer’s actions they have suffered a recognised psychiatric condition. So she may have been left upset and distressed by all this but would it be enough to amount to a serious mental condition which is recognised by professional medical bodies? This is basically what a court would be looking at when they consider such a claim. What I suggest you do if you are considering going down that route is contact various personal injury lawyers to see if they are able to offer taking this matter on a no win no fee basis where your risks are minimised. It will also give a good idea of whether a claim is likely to be successful – lawyers will not take on a claim with low prospects of success. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 2 years ago.
It is a very difficult situation, there is a Civil case against the Dive School for their negligence and could also be one against the police as well for not having carried out a risk assessment on the Dive School before sending my daughter there. We have a 35 page Independent Dive Witness Report which categorically blames the Dive School for her injuries and the Police for not having vetted the Dive School. This will take some time to be resolved but I was wondering if anything could be done to speed up the Police in their handling of my daughters assessment for release on medical grounds. Until that decision is made then she is left without any income until such time as she is made retired. How long would be considered an acceptable time to wait given that she has been referred for a decision on this.
There is no legal time period within which this must be done and what is reasonable will depend on the circumstances. I have heard of cases ongoing for many months at a time, others get resolved quicker. One thing is certain - she cannot actually force them to make a decision or proceed with what she wants the to do. They can take their time if they really wanted to but if she believes it is taking unreasonably long and it is done on purpose or maliciously, she can take further action such as for constructive dismissal, discrimination or personal injury as discussed
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