Injury at work and now they want to sack me - nice!

natters_2

Been off work for 4 months with a back injury that I got at work and now I am told that I am about to be dismissed on the grounds of ill health

Really fed up as I had an appointment to see a consultant last week and he wasn't there, so have to go back in Feb - I was hoping that it would all have been sorted and could get back to work - now it seems I won't have one to go back to

Really fed up today :mad:

emmaBZ

was it works fault you injured your back ? id read your contract if you have 1 and by the way if they do fire you it could be unfair dissmisal best to call ACAS ( sorry dont have the number but google it ...they really helped me out )they are good regarding this and work rights ect

natters_2

Acas are closed until monday morning - got the letter from work today and the meeting on Monday at 11.30

Yes I did get the injury at work - unfortunately they have a wonderful system where they make you sign loads of health and saftey forms - correct manual handling etc - but the job itself makes it impossible for you to stay within those guidelines - if you did they would fire you for not reaching performance targets - then throw the H&S at you when a problem occurs

jobbingmusician

Still worth getting some advice about suing them, though - ask your work to send you copies of all the relevant paperwork, and get yourself down to the CAB.

Fleago

It seems to me too short a notice for such a meeting, natters. If you're a member of a Union you should get them to attend any such meeting with you, but even if you are not, you should still be able to take along a colleague as a witness for you.

I would phone them on Monday and say that they have not allowed you enough time to prepare for the meeting and/or to arrange representation at it. This should give you breathing space to speak to ACAS, involve your Union or get down to the CAB.

Good luck,

Fleago

natters_2

The union are already involved and are as much use as a chocolate teapot

I have to admit I was very surprised to get the letter - I had a meeting with them on Tuesday and was aware that I would be called in for another one - but less than a week later I think stinks

Shazmar_2

Hi Natters, First of all it does not matter what forms they made you sign regards health and safety, they have to see that you comply with it. ie if you are supposed to wear safety glasses and you don't they are 50% liable for not making you. The same goes for manual handling if they know you don't do things the right way or they weren't ensuring you did the things the right way, They are at least 50% liable.

You are entitled by law to representation at your meeting on Monday and if you have not got any you can have the meeting postponed until you get some. Are you in a union? If so use them. Either way you can ask for it to be delayed until you get advice. There is a lot of useful advice on the ACAS website where you can ask specific questions which are pertinent to your case, so you don't have to wait until they open on Monday. Good luck

natters_2

Tustastic wrote:

Surely some negotiation could take place? E.g. ask them to defer their decision until you have seen the consultant in February and had the decision. Or get them to pay for you to see a specialist privately as they are so keen to have you back at work or out of the door.

Hadn't thought of that - I will ask them to do that - thanks

Fleago

Tustatic made a very good point, suggesting that you ask them to hold fire on decisions until you've seen the Consultant. However, I disagree that you can take a friend to the meeting and just turn up with them; see here about the right to be accompanied.

If the representative from your Union has not been serving your interests properly, you can phone the regional office of your Union, tell them this and ask them to provide you with someone else.

Fleago

Tustastic wrote:

Excellent link Fleago. Especially as it says that it is good practice for employers to tell employees that they can be accompanied. In the OP's place, I'd call them 1st thing on Monday morning and tell them I've just found out I can bring someone with me, so how about that.:)

Yes, I agree Tustastic, phoning on Monday and saying what you suggest asserts his rights and lets them know that he's aware of them! I'd also be kicking my Union up the backside too, if I were the OP. They really should be doing the best for him, especially since the injury was at work and there may be H & S breaches on the employer's part.

One thing I've thought of, natters, was the original accident properly recorded and reported to the H & S Executive under RIDDOR? If not, if I were you, I would be raising this at the meeting.

Hope it goes well for you on Monday.

Fleago

dawnybabes

I think Riddor only applies when it is a break ?

Perhaps someone could clarifiy this.

Good Luck