"Injury to feelings"

[Darkforcesatwork]

If an individual has had issues with work and signed off sick through stress and then is trying to claim injury to feelings-do they have to prove some form of discrimination before this? Individual is head of HR and has thrown their dummy out because they weren't considered for a partnership role. Company has an incredibly specific line of work, HR cannot do any of this work and never would be able to (think professional vocation), partners have never been anything other then those carrying out the work of the company and HR head just got this idea themselves. Individual has caused problems since day one in the role and lost clients and caused long term staff members to resign. Has had numerous occasions of walking out in a strop because things aren't going their way. Has an illness that they have always claimed doesn't impact on their work and has always been allowed time of for appointments etc and asked if any changes are needed to accommodate this-has always denied anything needed doing. Now after resigning trying to claim unfair dismissal and injury to feelings. But does a specific discrimination have to be proved or can this be done on its own?

my understanding is that damages for injury to feelings only applies in discrimination cases - could individual be seeking to claim disability discrimination?

Who are you in this scenario OP?

I imagine that may be the case. However if an individual has not claimed they have a disability while at work, just health problems, is it possible to claim disability discrimination? The way I am understanding it is the employer will have to be found to have breached the Equality Act for a claim of Injury to Feelings to be upheld.
I am neither the individual nor the employer but involved.

Have to add there was never anything but full support for health issues.

I would expect a professional services firm (or in fact any employer) facing a claim as you describe to obtain proper professional advice in real life. If you are "involved" from the employer side, as it sounds, I would suggest you do so, or encourage whoever is responsible to do so.

Helpful Flowery. Of course they are. Should everyone who has a question on mumsnet no longer ask it and just go straight to solicitor/doctor/social worker/police....

I agree with Flowery, and actually, by posting here (if indeed you are posting as an involved party) you could do more harm than good.

I'd get this thread pulled op, it's quite an unusual situation and could be recognised.

"Helpful Flowery. Of course they are. Should everyone who has a question on mumsnet no longer ask it and just go straight to solicitor/doctor/social worker/police"

No, but employers should pay for proper advice not look for freebies on the internet. Employees are often in a situation where they can't access good quality advice, which is why people on here are willing to help.

If the employer is getting proper advice your query will no doubt be covered, so why ask on here?

If you're neither the employer nor the individual, then you don't need to know. If you're involved you need to get advice from your employer. If you're the employer you get advice from a professional.

I have I intimately known the individual all of my life. I have provided emotional support for them. I am privy to the details of the situation because of this. I will be expected to continue this support throughout. I am not sure that I agree with the way the situation is developing. I have no influence either way wrt the situation. That is why I am not going to seek professional advice, as the outcome will not affect me directly. That is why I have asked the question. Understandably I have kept the information vague. But foolishly I forgot about trial by mumsnet. I will satisfy my search for information elsewhere. Thankyou for the constructive comments.

Injury to feelings is not a head of loss in unfair dismissal claims. There is no way to claim it unless a claim can be brought under the Equality Act (i.e a discrimination claim). Disability discrimination can be claimed even if the individual has not asserted discrimination during employment but it would be more difficult to succeed and certain types of disability discrimination claim require the employer to have knowledge of the employee's disability.

Injury to feelings, in an employment tribunal context, only relates to discrimination and whistleblowing claims.

As I tell everyone on here (employee or employer) instruct a solicitor. It is not possible for anyone to gve substantive employment law advice on this forum.

Chippy much? If you post from the point of view of an employer, which is what you did, you can't possibly expect to get free advice without question. People give up their time to help people who do not have access to help.

Ok, well going back to your OP, to be a disability a condition must have a significant effect on day to day activities, for 12 months or more. Fluctuating conditions can qualify.

Agree flowery - saw this thread earlier and wondered why on earth they weren't paying for advice