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Dismissed, found new job, had to leave new job due to illness caused by dismissal.

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  • Dismissed, found new job, had to leave new job due to illness caused by dismissal.

    I'm in the process of taking my ex employer to a tribunal for unfair dismissal as an LIP.

    I worked for them fo 12 years. Was dismissed for a first offence. I dont need help on that part.

    The part i'm unsure of is, I became ill after they suspended me which continued throughout the process until dismissal. As I had never been ill during my 12 years with them, I believe it was caused by the way they treated me during the process. I've always had eczema and asthma, but it's never flared up to such an extent as it did during the disciplinary process. My doctor put me on medication at the time. I started a new job a couple months later and it still hadn't calmed down. In fact, it got so bad I went back to the doctors and was put on stronger medication. The new medication causes drowsiness and loss of concentration and I have to take a nap at least once an hour. As a result of the new medication, I had to leave my new job because I physically couldn't do it any more.

    My problem is. I didn't put any of this in my tribunal claim because I made the claim prior to starting my new job and before things had gotten as bad as they are.

    Ive just had the pre-hearing a week after coming out of hospital for heart failure, something else I believe was caused by this whole situation. I told the pre-hearing about the heart failure but forgot to raise the other medical issue. There's another pre hearing for end of january. Can I add my medical condition to the claim as i belive the employer's actions caused it to flare up, or is it too late? And if I can add it to my claim, what would I label it as?

    Thank you




    Forgot to add

    I was in hospital when the agenda for the first pre hearing arrived. I didn't see it until two days prior to the hearing. I just skimmed through it and didnt realise it had to be sent back before the hearing. I explained that at the hearing and they accepted it. I thought we were going to address the agenda, but we never, so some things I wanted to raise didnt get raised, and before i knew it, the hearing was over. Can i raise those issues in the next pre hearing or is it too late? things like disclosure, witnesses, schedule of loss,
    Last edited by Ryan_G; 20th September 2024, 10:51:AM.
    Tags: None

  • #2
    You say in your post "I believe it was caused by the way they treated me during the process. I've always had eczema and asthma, but it's never flared up to such an extent as it did during the disciplinary process."

    What medical evidence to you have to support your belief?

    What is/are your current claim/s actually logged with the ET for?
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    Comment


    • #3
      Originally posted by ULA View Post
      You say in your post "What medical evidence to you have to support your belief?
      The fact that after 12 years with no incidents I was put on medication when I was suspended and it got worse from then on. Their actions caused so much stress that it exacerbated existing conditions to the point that I can no longer work.

      Comment


      • #4
        Ryan_G ULA's question though was about medical evidence, ie do you have a doctor's report or a written opinion from a medical professional that your eczema and asthma were caused by what happened during your dismissal process? Would the doctor who gave you medication provide a report confirming that?

        Your opinion on what caused your eczema and asthma is not the independent evidence from a medical professional that would needed at Tribunal to prove cause.

        And what is the answer to ULA's other question: "What is/are your current claim/s actually logged with the ET for?"
        All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

        Comment


        • #5
          Have you been diagnosed with stress or anxiety by your GP? There is a link between and skin problem flare ups, experiencing stress can cause the body to release a hormone called Cortisol which suppresses the immune system. The lack of function from the immune system leads to inflammation which in turn leads the eczema flare up. Also, anxiety symptoms play into the asmtha, but on their own it'll be difficult to prove the situation at work was the cause.

          Comment


          • #6
            Originally posted by PallasAthena View Post
            Ryan_G ULA's question though was about medical evidence, ie do you have a doctor's report or a written opinion from a medical professional that your eczema and asthma were caused by what happened during your dismissal process? Would the doctor who gave you medication provide a report confirming that?

            Your opinion on what caused your eczema and asthma is not the independent evidence from a medical professional that would needed at Tribunal to prove cause.

            And what is the answer to ULA's other question: "What is/are your current claim/s actually logged with the ET for?"
            I haven't seen a doctors report. I went to the doctors, told him what was happening at work, told him and showed him what affect it was happening on me, he then gave me medication to control the affects. It wasn't working so i was given stronger and stronger medication. The claim is for unfair dismissal. If I win that then i'll put a claim in for negligence.

            Comment


            • #7
              Then you should ask at your GP surgery for a copy of your medical records/notes for the time period involved. Should only take a week or two.

              Comment

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