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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 23344
Experience:  Senior Partner at Berkson Wallace
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I attended a Occupational Health assessment and was informed

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Hello,I attended a Occupational Health assessment and was informed by my HR manager that it was about my chair. However it soon became clear that the purpose of the meeting was quite different to what I had understood would take place. Furthermore the occupational health advisor asked me a number of very personal questions (such as why my mother had given birth to me prematurely, what the number and ages of my siblings were, if his my parents were still alive) that did not appear relevant to my working life. So I therefore amicably agreed with her that the appointment should be rescheduled once the purpose of it was confirmed. I have a recording of this meeting which does not bear out the report completed by the advisor stating that I was evasive, unable to give simple details and gave bizarre responses, ultimately concluding that she did not consider me fit for work. At no point had I or my former employer indicated that they did not consider he was medically unfit to work. My former employer used this OH report to terminate me from my job. This was my first professional role since graduating university last summer. In this context, I have a solicitor issuing a claim to the employment tribunal on my behalf on the basis of age/disability discrimination and harassment against my former employer.I wrote a final letter before action to the OH company, that produced the false OH report (prior to this I spoke to them on phone and they stated they had no internal investigation procedure, so I confirmed this in email to them which they didn't reply to at the time). They replied to my letter in which I asked them tor revoke the OH letter and pay financial loss of earnings, they declined and stood by the report, whilst failing to comment on the transcript I provided them. They also mentioned that I cannot claim money against them because of something called "double reward". So, if I cannot take them to the small money claims court, what type of court action can I take against them personally which forces them to retract the OH report produced?

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!

I have been asked to look at this for you.

I am only online sporadically over the weekend so please bear with me if I am delayed getting back to you.

You sent them the transcript. Why did you not send them a copy of the recording?

Are you working again? If you went into another job shortly after being dismissed, you lose a large element of compensation because you haven’t lost anything in respect of that (you still have a claim though). That is what they are talking about when they referred to “double reward”.

You only have 3 months from dismissal to bring a claim in the employment tribunal.

You have six years to bring one for breach of contract or discrimination in respect of a Protected Characteristic under the provisions of the Equality Act.

Is the matter now in respect of compensation or retraction of the report and its with regard to retraction of the report, why is that so important?

Customer: replied 7 days ago.
I sent them the transcript and recording. The retraction of the report is very important as it declares me unfit for the work. I strongly believe this is malicious falsehood and professional negligence
Customer: replied 7 days ago.
the matter is in regard to retracting the report
Customer: replied 7 days ago.
Now I want to know how I can take legal action against them myself?
Customer: replied 7 days ago.
I’m a graduate and their report claiming for me to be unfit for the workplace has genuinely caused so much mental damage, the GP prescribed me anti depressants
Customer: replied 7 days ago.
My solicitor is already being a claim to the employment tribunal against my former employer. I want to take legal action against the Occupational Health company who produced the fake report, that make sense?

I think you possibly have a claim in defamation. The report was published to a 3rd party in that whoever created it has given it to someone else in the company.

As the report does not accord with the recording the transcript, I cannot see how they could possibly escape a claim for defamation.

You only have a claim for personal injury in respect of the mental damage if you have a recognised psychiatric illness such as PTSD AND you have a psychiatrist opinion that the condition was brought on by the employer’s actions. With that, then you have a claim in negligence.

Otherwise your claim against the OH company is defamation.

To me, this almost seems as though the employer wanted to get rid of you and they instructed the OH company to come up with a report. They didn’t know it was being recorded (no problem in doing that) it could well be that they are now too embarrassed to reply on particular point quite simply because they haven’t got an answer.

I am glad to help. If you could help me now please, in the way that I have helped you, I would be obliged if you could please use the rating service because that gives payment for my time and expertise here today.

You will find the rating service in the top right-hand corner of your screen, a number of stars.

If anything else crops up, we can still exchange notes. The thread doesn't close.

Kind regards.

Stuart J, Solicitor
Category: Law
Satisfied Customers: 23344
Experience: Senior Partner at Berkson Wallace
Stuart J and other Law Specialists are ready to help you
Customer: replied 7 days ago.
Okay perfect. So how can I myself make a claim against them for defamation within the civil courts?
Customer: replied 7 days ago.
I don’t care about the money. My employment solicitor already making a claim for financial loss. But I don’t know how to make a claim against them for dafamation?
Customer: replied 7 days ago.
I have just graduated University and worked hard my whole life. My former employer is now being taken care of for age and disability harassment/discrimination.I would love to know how I can take them to court myself to hold them account for defamation?
Customer: replied 7 days ago.
Would you like me to rate you now and then you can answer my question in a different thread? Whatever works best for you