Dismissed after handing in sick note

AW618

You are, and he has.  He is in the queue with everybody else.  

Comms69

AW618 said:

oh_really said:

You may have a significant injury and should consult your GP to consider referral to hospital for an MRI scan. Were you a union memeber?

Ye, the NHS doesn't have much to do at the moment.  

We dont actually. A&E waiting times are the lowest in decades - come on down - we're paying people either way!

Ozzuk

Comms69 said:

AW618 said:

oh_really said:

You may have a significant injury and should consult your GP to consider referral to hospital for an MRI scan. Were you a union memeber?

Ye, the NHS doesn't have much to do at the moment.  

We dont actually. A&E waiting times are the lowest in decades - come on down - we're paying people either way!

Quite, only around 1100 people in hospital today due to covid across UK...

oh_really

AW618 said:

oh_really said:

You may have a significant injury and should consult your GP to consider referral to hospital for an MRI scan. Were you a union memeber?

Ye, the NHS doesn't have much to do at the moment.  

I need no direction from you re the NHS. I used to manage a dept and my day job brings me in constant contact.

MalMonroe

Savvy_Sue said:

TELLIT01 said:

You have little in the way of direct employment protection with less than 2 years service, but you may have a claim against the company for an injury at work.  That would depend on whether the company had been negligent in some way which led to the accident.

Although the OP also needs to ask whether they were (also) negligent in some way. 

No. They have to make a workplace safe. The onus is on the employer and it's a legal requirement for them to make a note of every accident that happens in the workplace.

MalMonroe

AW618 said:

oh_really said:

You may have a significant injury and should consult your GP to consider referral to hospital for an MRI scan. Were you a union memeber?

Ye, the NHS doesn't have much to do at the moment.  

What??? If a person has an injury they are entitled to receive any NHS treatment that's required. What's your point here, other than being stupidly sarcastic and totally unhelpful?

oh_really

MalMonroe said:

AW618 said:

oh_really said:

You may have a significant injury and should consult your GP to consider referral to hospital for an MRI scan. Were you a union memeber?

Ye, the NHS doesn't have much to do at the moment.  

What??? If a person has an injury they are entitled to receive any NHS treatment that's required. What's your point here, other than being stupidly sarcastic and totally unhelpful?

What TF are you talking about, re-read the posts and authors or visit specsavers.

MalMonroe

Savvy_Sue said:

sharp910sh said:

Clearly the accident happened at work, I would get legal advice about the accident at work they have a duty of care in regards to health and safety of yourself whilst at work carrying out your duties.

Yes, the employer has a duty of care - but the OP also has a responsibility for their own safety and that of others! We don't know whether the employer had good working practices and gave training but the employee ignored these, or whether the employer expected staff to work in an unsafe way. 

Example: employee is moving stock at work and breaks a limb. Turns out they were moving an awkward load, without assistance, using a stepladder which 'everyone' knew was 'a bit dodgy'. The employer has some responsibility: inadequate training maybe, faulty equipment definitely - but if 'everyone' knew but no-one ever said "we really should be replacing this!" then it's hard to say the employer alone is responsible. 

Another example: today I left an internal gate unsecured at work, because the risks of doing so were minimal, and there was no quick and safe way of locking it. I briefly considered putting a chair or a stepladder on a sloping surface in order to reach over the gate and put the padlock on. I quickly concluded it would be extremely foolhardy to do so, even with help, but had I continued with my folly and either I or a colleague had been injured, I'd have been at least partly responsible - in my view COMPLETELY responsible! 

It is always an employer's duty to ensure that workspaces are safe. And also to educate their workforce about Health and Safety. Whether or not an employee acts in a foolhardy manner, it's still an employer's responsibility. "Under health and safety law, the primary responsibility is down to employers." Health and Safety at Work Act.

MalMonroe

Undervalued said:

Savvy_Sue said:

TELLIT01 said:

You have little in the way of direct employment protection with less than 2 years service, but you may have a claim against the company for an injury at work.  That would depend on whether the company had been negligent in some way which led to the accident.

Although the OP also needs to ask whether they were (also) negligent in some way. 

Indeed.

Plus, as I read the OP, nowhere does he actually say the accident (if there was one) happened at work.

The OP says, "injured myself whilst on the job" so don't you think that means it happened at work?

MalMonroe

HendrikSavoo said:

I worked as a temp at a major supermarket recently and injured myself whilst on the job. Ever since the lay off (over a month now), I have been unable to walk, totally dependent on crutches (also crawling around the house on all fours and kneeling in the shower), and awaiting an MRI Scan.

I had a week off and then got a sicknote for the second week which I sent in to my employer. The next afternoon, I got a phone call from the store to say that they were "terminating my contract" due to having to "make cuts". They also claimed other employees were being let go, although I cannot verify this.

Although the terms and conditions of my temp contract stated that I could be let go "if the business doesnt need me", I am still angry and suspicious that such a layoff occurred immediately after handing in a sicknote which, at that time, only stated I would be off for 1 more week.

Having Googled a little, the following statement pricked my attention: "You cannot be made redundant after an accident at work either without a good reason which includes your employer being able to prove that your job has become obsolete". 

First off, do you think I have a reason to be suspicious here, and secondly, how can I know for sure my company had a "good reason" to lay me off unless I investigate further?
What are my rights (considering I was a temp)?

The problem is that you were a temp. Did you have any kind of contract at all - or are you with a temping agency? And if so, are you entitled to any sick pay at all? If you are an agency temp, you may be able to appeal to them, I guess but the nature of temping means that whatever your job is could become obsolete at any time, i.e. when they say so. 

The fact that you had an accident at work and then they sacked you really stinks. I hope they made a note of your accident, as that is something employers have to do by law, even for minor accidents and incidents. You may be able to make a case against them for negligence, as it is an employer's duty to ensure that any workplace is safe. 

You could consult the Citizens Advice Bureau or some other agency to see what they think. 

And you should be able to apply for some benefits, as you are unable to work.