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      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
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      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
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      • 16 replies
DIYSolicitor

Claiming Health-Related (Stress) Remedy in Employment Tribunal.

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I have checked around and would like someone to confirm whether I am correct in saying that any stress suffered from being unfairly dismissed can not be claimed at a tribunal hearing.

 

Yes, her health has suffered and we now have an independent investigation by the Nursing Board's solicitors to counter every charge with a no proof of allegation. I take it that her reactions to the allegations after she was suspended is not the responsibility of the employer. When checking online, stress-related claims normally come where the employee is on-the-job and being victimised in some way.

 

Can someone please confirm my understandings? My wife wants to get back on her employer for all she has been through, yet I suspect that she can only really claim financial losses and perhaps be reinstated (not that she wants to return to them).

 

Many thanks!

 

Regards,

 

David

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You are correct - it cannot be claimed. This is (alleged) personal injury and nothing to do with a tribunal unless discrimination is being alleged.


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I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

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Thanks for your reply!

 

I have been walking through this with my wife this evening. Because she is on a winning case all her (girl)friends have been telling her to "screw (£££s) the bastards".

 

I will also show her your reply to support what I was tellng her.

 

Much appreciated.

 

David

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And unfortunately its almost impossible to get a personal injury solicitor to take on a claim for financial loss caused by 'work related stress'.

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Thanks also for your advice Noebys!

 

We got the final decision back frm the NMC today that case for my wife to answer.

 

I guess that for the Employment Tribunal she should be saying that she was looking for work, rather than medically unfit. In reality having to go through the court paperwork and the uncertainty only prolonged her stress elevation.

 

She went back to work elsewhere 30 weeks after being dismissed from the employer she is talking to the tribunal. I believe 30 weeks happens also to be the maximum claim allowance.

 

Is it better not to mention her stress as the lead cause of her not taking up work earlier?

 

Regards,

 

David

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No - she is perfectly entitled to say that she was unable to mitigate losses earlier due to her medical state - although if you introduce it then obviously she will need medical confirmation that she was unfit ot work or to seek work at that time.


--------------------------------------------------------------------------------------------------------------------------------------------------------------------

I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

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