Question for the legal eagles?

celinepatricia

dpassmore wrote: »

Now that is certainly an instance where I would record a risk assessment when someone is returning to work following an injury by virtue of the fact there is certainly a foreseeable risk of exacerbating any underlying medical issues.

So. with that said do you think, in your opinion, we could appeal?

mizzbiz

I don't think that without the full facts of the case that anyone could advise you whether you could appeal or not - this very much depends upon the nature of the accident, the nature of the job and the nature of the evidence submitted to the tribunal. We can only point you in the direction of the legislation and you can go through that and decide if you have a case. The website for the Health and Safety Executive has much of the information you require, but you also need to look at the Health and Safety at Work regulations too (google it). The HSE website should point you in the right direction for all the info you need however.

Where is your solicitor in all of this?

Ihatecameron

Googlewhacker wrote: »

or short for HOUSE....... (I'm joking obv)

Or short for wasters..........

celinepatricia

he didnt have an accident he had an operation to remove a cancerous tumour
He was sacked through ill health and capability even though as I said previously 3 doctors had said he was fit for his job

mizzbiz

This goes beyond Risk Assessments.

Was the DDA (Disability Discrimination Act) considered? What about 'reasonable adjustments'? In this case, although I'm not a solicitor and you should really get speaking to a good one, I would expect you have strong grounds for appeal if the company made no efforts to accommodate your husband after the operations.

This is a very complicated area indeed and you won't be able to get conclusive advice here as we haven't seen any of the evidence, we don't know exactly what and how things happened, timescales etc. We would need to see the OH report, for example.

All I know is that if what you say is true, I would seek to appeal where possible.

dmg24

mizzbiz wrote: »

This goes beyond Risk Assessments.

Was the DDA (Disability Discrimination Act) considered? What about 'reasonable adjustments'? In this case, although I'm not a solicitor and you should really get speaking to a good one, I would expect you have strong grounds for appeal if the company made no efforts to accommodate your husband after the operations.

This is a very complicated area indeed and you won't be able to get conclusive advice here as we haven't seen any of the evidence, we don't know exactly what and how things happened, timescales etc. We would need to see the OH report, for example.

All I know is that if what you say is true, I would seek to appeal where possible.

This would not in itself be grounds for an appeal, which would need to be on a point of law or an administrative irregularity.

OP, have you received the statement of reasons from the Tribunal?

I'd be careful following dpassmore's advice, his understanding of H&S law is vague to say the least.

celinepatricia

not recieved anything yet. the tribunal was only on Thursday.

The reasonable adjustments were not made because he said he could not do any and he decided he could not do any because of the risk assessment he done in his head.

dickydonkin

dmg24 wrote: »

This would not in itself be grounds for an appeal, which would need to be on a point of law or an administrative irregularity.

OP, have you received the statement of reasons from the Tribunal?

I'd be careful following dpassmore's advice, his understanding of H&S law is vague to say the least.

I would be extremely interested to know what YOU believe I have stated that is incorrect or has lead you to describe my knowledge of H&S legislation as 'vague' - I await with interest - please enlighten me with your wisdom.

I am a HEALTH & SAFETY ADVISOR with formal H&S qualifications with many years of experience within many industrial environments and before you criticise any aspect of my quotes - please highlight what I have stated that is incorrect or what gives you doubt of my competence.

If you are going to be critical of me or slag me off on this forum, please justify your assertion and give me the opportunity to defend myself.

celinepatricia

I hope this thread is not going to be turned into an argument between some of you people!!

dickydonkin

celinepatricia wrote: »

I hope this thread is not going to be turned into an argument between some of you people!!

celinepatricia well I certainly hope it isn't either, but as you can appreciate, I take exception to my competence being questioned from postings that are based on fact, law and experience.

I am still awaiting a response from dmg24 so I can be given the opportunity to respond to any aspect of my postings that s/he has perceived that my knowledge of H&S law is 'at least' 'vague'.

I apologise for hogging your thread, but if accusations are being made against me by a poster, I hope I am given the chance to respond and defend myself.

Anyone can question a posters competence but at least provide a VALID argument as to why there are doubts.

dmg24 Doubt my competence by all means - but at least give me some clue as to which aspect(s) of my post(s) you believe are not legally/factually correct rather than post a blanket statement doubting my competence because it does not conform to your way of thinking - or certainly we could debate the issue(s).

Having reviewed my posts on this thread, I am confident that I am correct and I await your response with interest.