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Fighting for fairness

22 Mar 2022 4 min

We acted for a senior emergency services employee in relation to his complex and high value employment tribunal claim against his ex-employer that was ongoing for three years. In July 2021 the claim proceeded to a final hearing during which we successfully settled the claim on very favourable terms for our client.

The challenge: gaining recognition, justice and the means to move on

The client came to us at a troubling time in his life, wanting to know what action he could take against his employer following a diagnosis of Complex PTSD. Our client had an initial diagnosis of PTSD a number of years earlier after his exposure to a particularly harrowing incident in the course of his work. Sadly the client’s employer refused to accept the diagnosis at the time and as a result, our client continued to be exposed to further incidents over the years without appropriate support in place. His PTSD became Complex PTSD.

In the absence of any recognition and help with his condition from his employer and at his wits end, he asked us to step in and act on his behalf. He was understandably anxious but eager to seek justice for his employers actions. After years of being ignored and suffering in silence he fundamentally wanted to be believed.

Our approach: careful guidance through the claims process

Initially we helped the client raise a grievance against his employer. When the outcome of that was unsatisfactory we guided our client through the process of resignation and the bringing of claims in the employment tribunal for disability discrimination, whistleblowing, constructive unfair dismissal and pension related claims.

The outcome: looking forward to the next chapter

The claim settled on the second day of the final hearing in July 2021 in very favourable terms for our client. This was an interesting and important case as it put a spotlight on how a local authority manages mental health issues. Part of the reasoning for settlement was the interest expressed by the press as to the outcome of the hearing.

How we made a difference

Through careful negotiation we managed to achieve an outcome for our client which gave him the financial security he deserved, whilst also not prohibiting him from being able to talk about his experiences as part of his charitable activities. This was vital for our client who wanted to share his story and help improve the lives of others, who might face similar challenges.

Enabling an employee to successfully find their voice, stand up to and be compensated by an employer who previously had not been willing to listen to them, has been deeply rewarding for all involved in the case.

I choose Cripps to represent me in my employment case given its significant legal and psychological complexities. There is no doubting the exceptional legal expertise of Rhona Darbyshire and Holly Milne. Their ability to distil and explain complex legal issues to me, whilst understanding the psychological challenges I experienced, kept me emotionally safe throughout the legal process.

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