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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 52645
Experience:  Qualified Solicitor
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I was off sick for just over 5months when I was dismissed.

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I was off sick for just over 5months when I was dismissed. I’m still signed off sick 13months later. Sick with anxiety, depression, hyper vigilance, insomnia and agoraphobia all brought on by work.Occupational health recommended 5 sessions of counselling with the recommendation of attending a investigation meeting at work after 2 sessions. Over a complaint that was made 3 weeks in to me being off sick.
My employer lied and said I refused the counselling (i didn’t refuse and I can prove I requested it regularly) and held the meeting in my absence. I’d told them before the meeting I couldn’t attend because my union rep was unavailable and that I’m still waiting for counselling. They then held a second meeting the following week. A meeting I found out about the day after it happened when I received 2 letters. One informing of dismissal and the other inciting me to the meeting the day before.
Can I claim for mental health bullying while I’m sick??? Or is it just loss of earnings for unfair dismissal?
I’m thinking unfair treatment to the mentally sick has to be a big part of it

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

How long did you work there for and when were you dismissed?

Customer: replied 4 months ago.
I worked there 25 days short of 3 years.
Went sick 29/05/17. Dismissed 03/10/17.
Going to tribunal 08/09/19
Lawyer asked me what payout I was looking for.
Loss of earnings for unfair dismissal. But can I claim damages for being bullied, lied to, lied about and ignoring me informing them I can’t attend due to no union rep and the occupational health counselling they promised but never delivered
Customer: replied 4 months ago.
Will a tribunal take this in to account when finalising a payment

Apart from damages for unfair dismissal, you can also consider claiming for disability discrimination. You would be arguing that your condition amounts to a disability in law and that the employer’s behaviour amounted to discrimination. However, you would have needed to make a claim for disability discrimination at the time you submitted the tribunal claim, so effectively it would have been two claims all under one claim – unfair dismissal and disability discrimination. If you did not tick the box for discrimination then it may be too late to do that now and you would have to seek the tribunal’s consent to do so. Therefore, the only thing you can do is approach them with a request to be allowed to ad this claim, but if they refuse as you are to late, then there is not much you can do about it. As that is the only other claim for damages it is the only option you have to get extra compensation on top of that for unfair dismissal.

Does this answer your query?

Customer: replied 4 months ago.
I didn’t know there was a box to tick for discrimination.
My claim was that they dismissed me when I couldn’t attend the meetings due to not receiving the occupational health counselling they promised and was recommended
Customer: replied 4 months ago.
it’s default mental health discrimination isn’t it?
Customer: replied 4 months ago.
I couldn’t attend because I was not in good enough health to attend. They were informed. They did it anyway
Customer: replied 4 months ago.
They were discriminating against my mental health when they ignored it and carried on without me
Customer: replied 4 months ago.
Why is it too late. How long do you have? The tribunal isn’t till September

you have 3 months from the date of the alleged discriminatory act, which would have been at the latest at the time of dismissal, which was last year, so you are too late to make that claim now, even if the tribunal is yet to take place

Customer: replied 4 months ago.
Well then that is the complaint I put in.
So my question is then how much could I claim in damages for mental discrimination

No because you need to have specifically made a claim for discrimination as well, not just for unfair dismissal, so unless you specifically claimed that then you would be out of time. But as mentioned, the only thing you can do now is to ask the tribunal to consider allowing you to include it in the claim - if they say no, then you cannot include it and claim anything extra. SO make the request first, then worry about what you can claim for it

Customer: replied 4 months ago.
Right. So assuming that is the case. HOW MUCH CAN I CLAIM FOR DAMAGES please??

If a claim for discrimination is made, the usual remedy would be to award compensation for injury to feelings. This is calculated by considering the level of discrimination, which the claimant has been subjected to. The seriousness of the discriminatory behaviour is assigned to one of three ‘bands’ known as Vento bands, named after a court case which considered this subject. The current compensation levels are as follows:

· Lower band - for less serious cases, for example an isolated incident or event (£900 - £8,600)

· Middle band - for serious cases which are not serious enough to fall within the highest band (£8,600 - £25,700)

· Top band - for the most serious cases, for example if there has been a lengthy and calculated campaign of harassment/discrimination (£25,700 - £42,900). Awards can exceed this only in the most exceptional cases.

The above are the general guidelines but the tribunals have the power to increase them by a further 10% to take into account inflation.

Customer: replied 4 months ago.
Thank you. I found my form and I did tick the discrimination box.

ok great so you can claim for injury to feelings in the circumstances

Ben Jones and other Law Specialists are ready to help you
Customer: replied 4 months ago.
Great. Thank you very much

you are welcome