Sacked whilst off suffering with PTSD

Discussion in 'Charities and Welfare' started by Edmund_Blackadder, Feb 5, 2007.

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  1. :sad:

    I wonder if there are any legal types who can give some help to an ex bootneck?

    A freind of my husband has been effectivly sacked from his current employment as a Firefighter for Cheshire Fire and Rescue Service on the grounds of 'capability'.

    So what I hear you say...

    Well this friend of his happened to be a Royal Marine Commando and served in the first Gulf War.
    When his service was up he joined the Fire Service, where my husband met him.

    His stint in Iraq has left him traumatised and subsequently diagnosed with 'chronic post traumatic stress disorder' and unable to cope with Fire Service life...or even life in general.
    The currants have just discharged him on the grounds of 'capability', effectivley sacked!
    His Fire pension has been frozen untill he reaches the 'civillian' retirement age instead of being payed from now. Had he been given a medical discharge due to his chronic 'post traumatic stress disorder' he would be in a medical pension from now! His condition has not been recognised as an 'illness'.
    He has been housebound at home on zero pay for 3 years, and because he is still effectively 'employed' he cannot claim any benefits.

    This guy cannot help himself and I think he is being dealt a raw hand.

    Can anyone offer any legal type advice to help this guy get what he deserves!, compassion and his bloody pension! The Fire Brigades Union who would historically have offered support are unable as it is now a smashed and powerless entity. The management threats are...if you don't like the result....strike!

    I can pass the details of this deserving bloke, via pm, to any one who can help him.

    or those with the wherewithall look up 'John Gibbons' on your systems...

    I really fell pissed off about this good decent bloke getting shit on whilst the chief rides around in his new range rover!
  2. ViroBono

    ViroBono LE Moderator

    PTSD is not an illness, but an injury, and should be seen as such. You don't say whether he's getting any treatment/follow-up - if not, he should contact Combat Stress.

    The RBL would probably be a good starting point for advice on pensions etc.
  3. I would agree RBL is probably a good starting point. There are several important questions here and it is possible that the guy has been unfairly dismissed. CAB may also be able to help with his termination of employment and pension situation as this is their bread and butter work.

  4. Since his "injury" appears to result from his time in the Forces and not his time in the Fire Service, I am not sure it is fair to criticise the Fire Service (much as I would like to).

    This should be taken up with the military authorities. I cant really see how the Fire Service can be criticised for not wanting the services of someone who cant do the job!
  5. Edmund when you say the first Gulf War do you mean the one in 1991?
  6. I agree that this guy should contact the Royal British Legion who will assess his case
  7. No experience of PTSD, but I have a current memeber of staff off on long term sick with diagnosed depression.

    Legal advise is to be very careful, as this area's a minefield.

    Ending someone's employement due to sikness is a valid reason, as they are technically in breach of contract (i.e. not there). Usually though the employee would not be able to give a return to work date, and at this point the employer would need to make a decision on whether they get temporary cover, or replace the person

    My person has been off for 8 months now. 6 months on SSP, and now onto incapacity benefits. Nowhere near salary level but you do qualify for benefits when you are long term sick, and have no income.

    I can only sympathise with your husband's firend, and agree with the other posters regarding root cause for the injury.

    Hope this helps.