Comments on: Delusional http://blog.usefullyemployed.co.uk/2008/05/10/delusional/ An Employment Law Blog by a UK barrister Wed, 08 Feb 2012 13:55:01 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Usefully Employed http://blog.usefullyemployed.co.uk/2008/05/10/delusional/comment-page-1/#comment-35 Usefully Employed Wed, 14 May 2008 14:44:13 +0000 http://usefullyemployed.wordpress.com/?p=60#comment-35 As the saying goes, just because you're paranoid doesn't mean they're <i>not</i> after you. There <i>is</i> often a good claim in there somewhere, but the unfortunate technicality of employment tribunal proceedings means that the litigant has often missed their chance to put it before the tribunal by the time they get to that stage. As we all know the advice is needed at the start, but it often isn't welcome or sought. I don't know the correct form of the intervention, but I still object to the principle that as long as someone isn't a physical danger to themself or others then we'll allow them to subject themselves to such misery. Free choice (such as a choice to argue the unarguable) must surely depend on capacity. If he chose to leave all his money to an organisation on the basis of his deluded world view, his family could well challenge it. These are deep social issues. We should get some expert input to put us right. As the saying goes, just because you’re paranoid doesn’t mean they’re not after you. There is often a good claim in there somewhere, but the unfortunate technicality of employment tribunal proceedings means that the litigant has often missed their chance to put it before the tribunal by the time they get to that stage. As we all know the advice is needed at the start, but it often isn’t welcome or sought.

I don’t know the correct form of the intervention, but I still object to the principle that as long as someone isn’t a physical danger to themself or others then we’ll allow them to subject themselves to such misery. Free choice (such as a choice to argue the unarguable) must surely depend on capacity. If he chose to leave all his money to an organisation on the basis of his deluded world view, his family could well challenge it.

These are deep social issues. We should get some expert input to put us right.

]]> By: Nearly Legal http://blog.usefullyemployed.co.uk/2008/05/10/delusional/comment-page-1/#comment-36 Nearly Legal Tue, 13 May 2008 22:39:25 +0000 http://usefullyemployed.wordpress.com/?p=60#comment-36 The trouble is that just because they are 'delusional' doesn't mean that they don't, perhaps, have a case in there somewhere - I've had a few immensely frustrating new client enquiries of this sort that did turn out to have valid claims, albeit not for what they thought it was. In addition, I don't think it is necessarily 'humouring' that goes on, but more honourably, honouring a principle that everyone's claim will get attention, even if it goes nowhere. Besides, if they aren't a danger to themselves or others, aside from wasting time, what intervention should be rightfully made? I agree on the misery and frustration that is boiling away, but what? enforced medical treatment? The trouble is that just because they are ‘delusional’ doesn’t mean that they don’t, perhaps, have a case in there somewhere – I’ve had a few immensely frustrating new client enquiries of this sort that did turn out to have valid claims, albeit not for what they thought it was.

In addition, I don’t think it is necessarily ‘humouring’ that goes on, but more honourably, honouring a principle that everyone’s claim will get attention, even if it goes nowhere. Besides, if they aren’t a danger to themselves or others, aside from wasting time, what intervention should be rightfully made? I agree on the misery and frustration that is boiling away, but what? enforced medical treatment?

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