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Sacked for having an accident!
embob74
Posts: 724 Forumite
My nephew has been in employment with a building firm for about 9 months and recently had an accident at work.
He was told by his foreman to climb onto a roof to repair a chimney and he did this and promptly fell
He has only bruised himself luckily and had one day off. On returning to work he has been hauled into the office and told he needs to resign or he will be sacked.
Does anybody know if there is any protection due to the health and safety issue?
Another foreman has taken pictures which show there was no scaffolding up (it was ordered as soon as nephew fell) and the nephew has stated he will not pursue a compensation claim. However he would not sign the accident book until it states the truth - that he was told to go up on the roof without safety equipment.
Only a couple of weeks ago he was being told how valuable he has become :mad:
He was told by his foreman to climb onto a roof to repair a chimney and he did this and promptly fell
He has only bruised himself luckily and had one day off. On returning to work he has been hauled into the office and told he needs to resign or he will be sacked.Does anybody know if there is any protection due to the health and safety issue?
Another foreman has taken pictures which show there was no scaffolding up (it was ordered as soon as nephew fell) and the nephew has stated he will not pursue a compensation claim. However he would not sign the accident book until it states the truth - that he was told to go up on the roof without safety equipment.
Only a couple of weeks ago he was being told how valuable he has become :mad:
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Comments
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He has been there less than a year so they can dismiss him without having to give any justification0
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It sounds like the company are scared. They can get into a lot of trouble for not having correct safety procedures in place, there should have been scaffolding. He could have been seriously injured from their mistake.
He definitely shouldn't sign anything. If they sack him, definitely seek legal advice and seek compensation, there are some reputable 'accident at work' companies that offer free legal advice and claim legal expenses from the other side.0 -
On what grounds are you suggesting he has a claim? He can't claim for injury as he wasn't injured, bar a few bruises and one day off work.square-pants wrote: »He definitely shouldn't sign anything. If they sack him, definitely seek legal advice and seek compensation, there are some reputable 'accident at work' companies that offer free legal advice and claim legal expenses from the other side.0 -
On what grounds are you suggesting he has a claim? He can't claim for injury as he wasn't injured, bar a few bruises and one day off work.
I don't know, I'm not sure how these things work. I'm just suggesting that he seeks legal advice to see if there is a claim to be made. Surely his employer can't do this without repercussions. It's a disgrace if they get away with treating him like this.0 -
He would also be expected to exercise his own judgement - he wasn't forced to go on the roof, but what makes no sense is why he was asked to resign, unless they are asserting he broke their rules.
As others note, he needs to be there a year before useful protections kick in.0 -
However he would not sign the accident book until it states the truth - that he was told to go up on the roof without safety equipment.
Only a couple of weeks ago he was being told how valuable he has become :mad:
Health and Safety at Work is a TWO WAY STREET. If the employee knows it is dangerous and that safety equipment isn't there which should be, THEY SHOULD REFUSE TO DO IT.
He knew that the scaffolding etc required wasn't there yet still carried on. He is as liable as his employers.0 -
square-pants wrote: »I don't know, I'm not sure how these things work. I'm just suggesting that he seeks legal advice to see if there is a claim to be made. Surely his employer can't do this without repercussions. It's a disgrace if they get away with treating him like this.
An employee is as responsible for his own wellbeing as an employer. If he knew it wasn't right he shouldn't have done it.0 -
The employer has duties placed on him, these can't be delegated away.
http://www.legislation.gov.uk/uksi/2005/735/schedule/5/made - Requirements for personal fall protection
http://www.legislation.gov.uk/uksi/2005/735/regulation/6/made - Avoidance of risks from work at height
http://www.legislation.gov.uk/ukpga/1974/37/section/2 - It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employeesDon’t be a can’t, be a can.0
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