Employment Law

[Batterseadog]

A relative of mine works for their father in law and recently has suffered major depression due to a work colleague. It got so bad, they attempted suicide and are now off sick and seeing a psychiatrist and having C B therapy.
They have received a call from the father in law saying that as it is clear they will not be going back into work, he is ceasing the employment and stopping the salary.
Is this legal and is the company not somehow obliged to offer some alternative department or position?
This has come as a very unwelcome blow, bad timing and heartless at best but does he have any rights at all please?

[joko]

is he planning to return to work?

i dont see why they would have to invent a job for him - there my be nothing available

did they do anything address the issues with this work colleague - presumably bullying?

[woofgang]

yes the employer can do this. its also very difficult to prove that a mental and emotional problem is entirely caused by work stress. i guess the person has no union support?

[Batterseadog]

Thank you for the two very quick replies. My relative says there was a limited conversation about the possibility of returning at a later date and doing the same job but in a different area so they wouldn't have to connect with the employee causing the stress but it seems the father in law has had a change of mind. I just wondered if this decision could be made without having any knowledge of when and if a return to work was possible. I thought there would need to be a length of time to pass before that decision could/should be made. My personal feeling is the father in law is anxious to distance himself from the problem so that should the worst ever happen, he could absolve his company from any bad publicity. No proof of any wrong doing or bullying, as is often the case, all done in a quiet and untraceable manner. Many thanks for your input

[factor-fiction]

Capability is a valid reason for dismissal.
I get the impression this is a small company rather than major employer. How big is the company? It's easier for a huge organisation to find alternative work than it is for a small business

[IggyB]

Bit of basic info here
https://www.gov.uk/taking-sick-leave

[Mosaic]

Just taking this sad situation from another angle: this boss is ultimately the one responsible for making your relative ill. He is quite happy to let bullying continue in his organisation. He is a coward and a prize sh1t and not worth working for. Your relative is much better off without him, and needs help and support to move on, get better, and then find a way to earn a living elsewhere.
As others have said, there is scant recognition of the impact of workplace bullying in the UK and in fact many organisations run on a culture of bullying. Many people in these organisations collude with and join in with the bullying because they fear becoming a target, because they are cowards and because they start to become bullies themselves.
Best of luck for a happier future to your relative.

[woofgang]

mosaic, from the other angle and not at all aimed at the OP's reli but some people can't be told that they are continually late for work and also leaving early without claiming that they are being bullied. A friend of mine went through hell because she wouldn't tolerate an employee taking the pee regarding working hours and the employee fabricated an entire story about being bullied. I happen to know the facts f the case because I was working alongside my friend.

[joko]

i agree with woof - i suspect there is more to this than your relative is letting on

the fact that this person is actually family to the boss - his daughters husband, and knowing that by doing this he also affects his daughter, with regards to money and also family harmony, means its not a decision he will have taken lightly - so i suspect there are other reasons why he has taken this opportunity to get rid of him - perhaps the guy has been a terrible worker, taken liberties, been a pain etc but this is the first chance he's had to do anything without causing family troubles

the fact that he is saying his total decline in mental health is wholly down to a colleague - yet he never reported it - could be that he has been causing trouble and making things up.

i may be wrong but i think you need further details

[Batterseadog]

Thank you for the further comments, always interesting to hear different takes on a topic.
Happy to report that my relative is receiving very good therapy and already showing signs of a mood lift. It was hard watching someone slowly go downhill and wondering what the problem was - thought it was the marriage at first but they are closer than ever now and pulling through together. I feel the boss has dis-associated himself so that should anything further happen or things get worse, he will be able to say it's nothing to do with the company and not be seen to be connected or responsible in any way. This is the opinion of his close family too. The person causing the problem has been sly and clever, never any witness or proof but its of no consequence now. Think there was a lot of jealous resentment towards my relative and yes the company was certainly large enough to have found an alternative position but its all for the best that they are away from the company altogether. Thank you all

[ladydyer]

so there was bullying? Did he raise a grievance with his employer? If the employer has ceased employment and your relative was signed off work due to illness then there maybe a claim in the employment tribunal for unfair dismissal.
If the bullying was reported and wasn't dealt with then your relative would have been entitled to resign under constructive dismissal.