Direct Report Injured at work then Sacked.

Cotta

Hi All,

A office administrator who reports directly to me a few months ago was told by my boss she had to perform some cleaning duties including high ledge windows, from what I understand she was not given a ladder which was required for the job. The girl in question subsequently fell and broke her arm, my boss was unperturbed about this and the girl was not allowed time off to recuperate with the exception of two half days for hospital appointments which she was signed out for (not sure if she was paid). This week her plaster was removed and yesterday she was subsequently called into the office and sacked by my boss being deemed "unsuitable"; she was here around six months. She has now went to her solicitor about the injury who has made contact with us, I personally feel I am not responsible for any of this and my name should not be involved in the case. Apparently our case has been made worse from not allowing her paid time off and dismissing her the week her plaster was removed. My boss has said not to worry as nothing will come from this and she has no case, however should I be concerned my name is being used at all?

Thanks in advance

lincroft1710

Any claim should be against the employer as an entity and not against an individual. You should not engage with her solicitors but refer them to the employer.

Comms69

Cotta wrote: »

Hi All,

A office administrator who reports directly to me a few months ago was told by my boss she had to perform some cleaning duties including high ledge windows, from what I understand she was not given a ladder which was required for the job. The girl in question subsequently fell and broke her arm, my boss was unperturbed about this - so no incident investigation was carried out, well more fool him, Lawyers4U on the case no doubt and the girl was not allowed time off to recuperate with the exception of two half days for hospital appointments which she was signed out for (not sure if she was paid). - The (presumably adult) could always self-cert for 7 days and get a sick note. This week her plaster was removed and yesterday she was subsequently called into the office and sacked by my boss being deemed "unsuitable"; she was here around six months. - That's legal, what's her notice period? She has now went to her solicitor about the injury who has made contact with us, I personally feel I am not responsible for any of this and my name should not be involved in the case. - That's unfortunate, you are her line manager, you will be named (though not individually liable) Apparently our case has been made worse from not allowing her paid time off and dismissing her the week her plaster was removed. - not really, her employment rights are nothing to do with this injury. what's the policy on paid time off? My boss has said not to worry as nothing will come from this and she has no case, however should I be concerned my name is being used at all?

Thanks in advance

Your boss should probably be concerned, but you not so much. You are not individually liable.


That said, if you are called as a witness, you'd be better to tell the truth.

McKneff

Hopefully they will throw the book at him...

System

Yeah, expect to be called upon for your side of the story. And don't even think about backing up your boss OR the other person...just state the facts.

Guerillatoker

Pretty disgusting conduct from your boss OP, please be honest if you are a witness and let them get their comeuppance.

agrinnall

You say she was a direct report to you, but you seem to have been completely uninvolved in all of the things that have happened, so just what was your responsibility for her? Did you intercede with your boss to request a ladder? Did she ask you for additional time off and did you support her case? I can see why she might be very disappointed in your role, it sounds to me like you at best sat back and let it all happen without caring what was going on.

sangie595

Your name is being used? In what way? Without that information it's impossible to say anything, but it is not true that (a) there's nothing worry about (just because she can't claim unfair dismissal doesn't mean she's not got a fairly substantial, and possibly larger, case for personal injury) and (b) if toy hag some role in all if this you might have cause to be concerned because individual liability does exist.

Cotta

agrinnall wrote: »

You say she was a direct report to you, but you seem to have been completely uninvolved in all of the things that have happened, so just what was your responsibility for her? Did you intercede with your boss to request a ladder? Did she ask you for additional time off and did you support her case? I can see why she might be very disappointed in your role, it sounds to me like you at best sat back and let it all happen without caring what was going on.

I was off on the day of the accident and following that all communications were between her and my boss. I was to all extents cut out of the process. I had a conference with my boss this evening, he feels that due to the fact that she does not have full rights being there less than two years, there is little she can do.

sangie595

Cotta wrote: »

I was off on the day of the accident and following that all communications were between her and my boss. I was to all extents cut out of the process. I had a conference with my boss this evening, he feels that due to the fact that she does not have full rights being there less than two years, there is little she can do.

If you were not there, you cannot be held responsible. But oh boy, is he wrong! Personal injury claims are much bigger than employment ones, and she can come after him for negligence, pain and suffering, and loss of income, potentially until she's in another job. Whenever that is. Her solicitor is going to make mincemeat out of him.

GreenTreen123

Is she claiming unfair dismissile or personal injury? The latter is good!