not sure what to do

[lostfaith]

Re: not sure what to do

Response to complaint on lack of limitation advice is being investigated - it is a shame I was not told minus one day. I assume that could be serious? Does anyone think also because the PHR was December 2010 I should have been told by another firm last known act so I have read up, not from when forced to resign?

[bluebottle]

Re: not sure what to do

Bullying can be dealt with under the Protection from Harassment Act 1997. The beauty of the Act is that it provides a victim of bullying with a six-year window in which to take legal action against their tormentors, whereas Employment Law only provides a three-month window. Also, the focus is on the actions of the victim's tormentors and the effect it has had on the victim. In the case of workplace bullying, case law has given victims a powerful weapon in the form of Mjrowski -v- Guys and St Thomas's NHS Trust 2005 which holds an employer vicariously-liable for bullying/harassment of an employee by other employees. This is a ruling by the Court of Appeal. Damages can be sought for anxiety and financial losses, amongst other things. As far as psychological/psychiatric illness caused by the bullying/harassment is concerned, the three-year limit for bringing proceedings under the Limitation Act does not apply. You may wish to speak to a solicitor at your local Law Centre about pursuing a case against your former employers under the Protection from Harassment Act 1997.

[lostfaith]

Re: not sure what to do

Can any complaint be made during a case or is it better to complain end of cases? Just worried if I complain to personal injury whilst on going case how it'll affect it - obviously done employment complaint as that now over as it is a shame not given correct limitation advice.

Please can anyone help me draft letter to HSE please - would there be also additonal fine for it being refused to be reported to them? they refused to report the second accident

[bluebottle]

Re: not sure what to do

Can any complaint be made during a case or is it better to complain end of cases? Just worried if I complain to personal injury whilst on going case how it'll affect it - obviously done employment complaint as that now over as it is a shame not given correct limitation advice.

Please can anyone help me draft letter to HSE please - would there be also additonal fine for it being refused to be reported to them? they refused to report the second accident

I'll deal with the failure to report accidents first. Certain accidents have to be reported, by law. In industrial situations, this is covered by the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR). Go to www.hse.gov.uk/riddor/ for further information.

With regard to Personal Injury proceedings, if you have sustained injury as the result of an accident, you have three years from the date of the accident in which to issue a claim. If you have sustained injury as a result of bullying, it could fall within the scope of the Protection from Harassment Act 1997 or the Offences Against the Person Act 1861. It will depend upon the nature of the injury sustained and under what circumstances that will determine which is the most appropriate route to take. However, you should seek competent professional legal advice about how to proceed.

With regard to reporting something to HSE, go to www.hse.gov.uk/contact/authority.htm. You will find a list of bodies to whom you can report incidents. It will depend upon the type of premises your employer occupied and the nature of their business. In some cases, you can report by email.