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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75142
Experience:  Qualified Solicitor
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My husband has been dismissed from his employment for a work

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my husband has been dismissed from his employment for a work related incident whilst having a mental health breakdown, what can he do?
JA: Where are you? It matters because laws vary by location.
Customer: my husband has been dismissed from his employment for a work related incident whilst having a mental health breakdown, what can he do? having worked for them for the last 24 years
JA: What steps have you taken so far?
Customer: he has had and initial interview then the second one yesterday but were not interested about the mental health side of things just the actual incident.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: there was a union rep present who has said to take to appeal

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Customer: replied 16 days ago.
Okay

Please explain the circumstances that led to your husband's dismissal in more detail

Customer: replied 16 days ago.
no online will be okay
i am in hampshire england

The pop-up offering you the chance to request a phone call is automatically generated by the site and you have already paid for a written response so that is the part I will continue helping you with when you can provide the information requested

Please explain the circumstances that led to your husband's dismissal in more detail

Ben Jones and 2 other Law Specialists are ready to help you
Customer: replied 16 days ago.
He works for Network Rail and was involved in an incident in March after suffering a mental health breakdown at work. It was to do with safety at work. He cannot recall any of the circumstances of the event. He was then sent home as an investigation needed to take place. He was then signed off sick with stress/anxiety. Eventually when it was deemed he was fit enough to be interviewed he was suspended. The interview/investigation has taken place and he has been found to be negligent even though he cannot remember. and has not been told he has been dismissed The investigating officer did not ask about his mental health at the meeting and was fixed on several questions - now would like to know where he stnads
Customer: replied 16 days ago.
please can we carry on online

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about the issues he has experienced in his situation.

Now that he has been dismissed, the first step for him is to appeal the dismissal directly with the employer. He should have been advised of that right and also how long he has to do so.

Following the appeal, assuming that it is unsuccessful, his only option is to consider a claim for unfair dismissal and/or disability discrimination in the Employment Tribunal, which he must initiate within 3 months of the original dismissal date.

Before a claim can be made against the employer in the Employment Tribunal, the affected employee would be required to participate in a process known as ‘early conciliation’, which is administered through the Advisory Conciliation and Arbitration Service (ACAS).

The purpose of this process is to allow ACAS to mediate between the employee and their employer to agree on an out-of-court settlement in order to avoid the need for legal action in the Employment Tribunal. The employer does not have to engage in these discussions and the process is voluntary for them. If they refuse to participate, or the conciliation is unsuccessful, the employee will be issued with a certificate by ACAS allowing them to make a claim.

However, if a settlement is reached, the employee would officially agree not to proceed with the claim in return for the agreed financial settlement. Other terms can also be included as part of the settlement, such as an agreed reference.

In order to initiate the early conciliation procedure, ACAS must be contacted, either online by filling in the following form (https://tell.acas.org.uk/find-a-solution-to-your-employment-dispute), or by phone on 0300(###) ###-#### They will explain the process and what happens next and get the ball rolling on your behalf.

If the early conciliation process was not successful, ACAS have issued a certificate to confirm that and you still wanted to make a formal claim in the Employment Tribunal, the claim can be initiated via the following link:

https://www.employmenttribunals.service.gov.uk/apply

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Hello, I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.