Sacked for having an accident!

sniggings

get him to report the accident, at least this might stop someone else getting hurt.

Russe11

I'd drop a line to the Health and Saftey Executive.

dickydonkin

sniggings wrote: »

get him to report the accident, at least this might stop someone else getting hurt.

At last - a sensible response in this thread!

I can provide evidence of many (far too many) accidents when working at height in construction - many resulting in death and a lot of the victims are young.

In this day and age, it never ceases to amaze me that employers (some are 'one man band' cowboys - many are multi-nationals) still ALLOW employees to work at height without proper training, planning and precautions in place to prevent or mitigate the effects of a fall.

The HSE are currently targeting construction sites - and in particular working at height activities.

Yes - an employee does have a duty to take care of himself - but take the OP's nephew - a relatively new employee.

Imagine the reaction of his employer if he refused to work at height citing there were no adequate controls in place and demanding that they are.

It is all well and good sitting behind a computer at home being critical of the OP's nephew when in reality, it is the employer who should take the brunt of the criticism in this situation

Would the foreman in question who asked the OP's nephew to work dangerously ask his own son to work on the same building without precautions in place? I suspect not.

The OP's nephew was between a rock and a hard place - does he refuse to do the task because he believes it is dangerous and be dismissed? - or does he work in an apparent dangerous situation, has an accident and gets sacked anyway?

I don't usually recommend reporting employers to the HSE without trying to resolve a situation with the duty holder - in the case of the OP's nephew - I would do it now and move on if he values his safety and hopefully (as sniggings alluded to earlier) a 'visit' from the HSE may prevent someone getting hurt in the future.

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.

The injury was relatively minor only by chance - a fall - even from a low height can have serious consequenses - one case I recall is when a worker slipped off the first rung of a ladder, cracked his head on the floor and died.

Incidentally, the HSE can - and do prosecute even in situations where nobody has been injured.

ohreally

As a point of interest...

Sue Ferns, head of research at the Prospect union which represents HSE staff, warns that government proposals would “emasculate employers’ obligation to report occupational health absences from diseases such as mesothelioma, skin cancer, carpal tunnel syndrome and repetitive strain injury under RIDDOR”.

The union is also worried about the HSE itself, which has been subject to a 25% spending cut, slashed its workforce by several hundred and is required to reduce proactive inspections for high hazard sectors by a third.

It now has only three occupational physicians and 18 occupational health inspectors (down from 60 of each in the early 1990s). Meanwhile, its Corporate Medical Unit can no longer provide basic cover on occupational health advice and prevention.

dickydonkin

ohreally wrote: »

As a point of interest...

The HSE stipulate that cuts won't affect pro-active inspections - I have my doubts.

I also suspect that many employers are not aware of upcoming legislation that is being implemented in October- Health and Safety (Fees) Regulations 2012.

This legislation is intended to allow the HSE to charge a fee (an hourly rate of £124.00 per hour) to employers who contravene safety legislation which requires the HSE to inform the duty holder in writing of that breach.

The fee will be charged for the intervention of the HSE to put things right - the costs that were previously paid from public coffers.

Apparently, this is to persuade employers to put things right in the first place - my opinion is that pro-active inspections are more effective - the fees will very likely in most cases be applicable after an incident when someone has been hurt.

dori2o

This is why the law is wrong, and why for things that the employer has a statutory responsibility for (such as H&S), an employee should have rights protection from day one just as they do with discrimination.

Personally I would refuse to sign anything.

I would write to the MD of the company, explaining what happened, who ordered the work to be done, the injuries sustained, and reminding the employer of their statutory right with regards to H&S.

Contact ACAS and ask for their advice.

Contact the HSE.

If the employer still insists on terminating the employment, make the matter public. Newspapers, blogs, local news. Name and Shame.

Also contact Trading Standards. If they are as cavalier with H&S, what else is the company hiding.

The bad press won't be welcomed by a building company in the current climate.

System

Employers are bound to record "near misses" in exactly the same way as actual accidents. If a near miss could have been a serious accident then it is reportable to RIDOR. If the company have failed to do this then they can be prosecuted. If they are found not only to have not reported it, but failed to use standard safety procedures, then they will be in even greater trouble if investigated.
That is, if anybody reports them. They should be worried.

Sambucus_Nigra

embob74 wrote: »

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:

Sod that! Flipping pursue a claim and report it to the HSE.

Can he get a copy of that photo from the foreman before he actually pursues the claim?

Acc72

Great (and realistic) answer from dickydonkin.

When you say "building firm" you don't say if this is a one man band or a multi-national company ? (the only reason I ask is that a larger company may be more wary of the HSE).

First question, has his accident been recorded in the accident book ? - if not it needs to be and he needs a copy of this.

Also, as others have said can he get a copy of the photograph ?

He must not resign (it is easier to find another job when you already have a job).

Who suggested he resign ? - he should speak to them and ask for a copy of the accident book and also their health and safety procedures (possibly hinting that if they want to push things then he will report this to the HSE ......).

dickydonkin

dori2o wrote: »

This is why the law is wrong, and why for things that the employer has a statutory responsibility for (such as H&S), an employee should have rights protection from day one just as they do with discrimination.

In respect of H&S, they do!

From various sources:

Dismissal for taking action on health and safety grounds



You will have been unfairly dismissed if you are dismissed for:

• carrying out or trying to carry out any activities in your role as health and safety representative (rep) to reduce risks to health and safety
• performing or trying to perform your duties an official or employer-acknowledged health and safety rep or committee member
• bringing to your employer’s attention a concern about health or safety in the workplace
• leaving, proposing to leave or refusing to return to the workplace (or any dangerous part of it) if there is a serious, imminent danger that you cannot prevent
• taking or trying to take the appropriate steps to protect yourself or other people from a serious and imminent danger

A number of claims do not require a year’s service such as all of the discrimination claims such as race, sex, pregnancy related discrimination, disability, and sexual orientation.

Victimisation after having made a complaint of “whistle blowing” or after making a health and safety complaint and assertion of a statutory right all have no service requirement.