Can employer sack husband for being injured

jdturk

rupee99 wrote: »

There are two separate issues, firstly incapacity (not incapability, that implies lack of skill for the job not the physical incapacity that the OP's husband has). The employer can, after going through the correct procedure dismiss the husband but in view of the second issue, negligence, it would not be very wise for them to do so. It is quite correct for the union solicitor not to be concerned with the second matter as it would give him/her a potential conflict of interest.

The second matter is far more serious from the employers point of view, if they are to be found negligent then they will have to pay damages on an indemnity basis, i.e. make up the financial loss, including loss of past and future earnings, to the OP's husband as a consequence of their negligence. Should they dismiss him that will not go down well with the court and, in any event they will later have to make up that loss to him (although they may be insured for that eventuality).

The husband should take detailled legal advice, from separate lawyers, on the full circumstances of both potential cases and then, possibly in conjunction with the union, decide what the best course of action is.

DO NOT RELY ON OPINIONS EXPRESSED ON THIS FORUM (INCLUDING THIS ONE), however well intentioned, other than as a general guide, take proper advice from someone who can be told and ascertain the full circumstances.

Good advice and yes agree, don't take our views as said, go see professionals who know what they are doing