Dad fell at work, had stroke later in week, didn't return to work verbal resignation accepted advice

prettypennies

on Friday 31st July my 72 year old Dad had a stroke and was hospitalised for over 3 weeks. It later transpired that the Monday previously, he had fallen at work. No one from his work contacted me (I am next of kin). When I spoke to the Human Resources/Health and Safety Manager the following Monday 3rd August to explain that he was in hospital following an ocipital infarct and that he had reported falling at work and hurting his head. I was told by his work that he had said he had fallen over a pallet, they offered to take him to hospital but he asked to go home so they drove him home. His work said they called him the next day when he did not show for work and he said he was taking a few days off as he had hurt his knees. I was advised that once he was discharged from hospital, he would need to obtain a sick note and that he would be entitled to up to 20 weeks paid leave. Once he was discharged, I obtained a sick note and called the human resources manager to ask where it would need to be sent to and to explain my father's condition. The call went through to his answerphone. I asked for my call to be returned and for any communication to go via me as my dad had memory loss, confusion and speech difficulties due to the stroke. My call was not returned. A few days later, my Dad's P45 was sent through the post with no other correspondence. The P45 stated that his contracted ended on August 31st. I tried calling the Human Resources dept again and left a message on the answerphone of the Human Resources assistant. Again my call was not returned. After a few weeks of trying, I spoke to my Dad's line manager. She explained that she had spoken to my Dad on the phone and he had said he didn't want to go back to work. This was taken as a verbal resignation. No confirmation of this had been sent in the post. I asked the line manager to pass my details on to the HR dept. My call was returned the same day by the HR assistant who confirmed they had accepted my Dad's verbal resignation in 'good faith'.  Bearing in mind my Dad has aphasia caused by the stroke and is hard of hearing, it is difficult to have a conversation with him over the phone. I would have expected them to have made an attempt to speak to his next of kin at some point to confirm my Dad's intent or even just to check in on how he was. There has been no written correspondence following the accident, leave from work or termination of his contract. Not so much as a get well card. My Dad worked throughout lockdown despite being over 70. He was really proud of being a keyworker and the fact that his engineering firm were making ventilator parts. I would have hoped that he would have been treated with a bit more compassion.

sammyjammy

I would hope so but they are running a business, your dad resigned, they took it at face value and have moved on, I suggest you do the same and concentrate on taking care of your Dad

Tigsteroonie

Why would his employers contact you regarding his fall? If he's capable of working, he is capable of handing such issues as accidents and taking sick leave himself. 

As regards your answerphone message, whilst it was impolite for it not to be returned, they only have your say that your father was confused due to the stroke. So they phoned him to corroborate this and he spoke with them and resigned. Why would they have any further reason to speak to his daughter? 

AskAsk

So did he resign?  To be honest, it is time he takes retirement.  You don't live forever and you should enjoy the remaining days while you are still lucky enough to be around on this world.

likearubberball

I have to agree about the next of kin thing. It doesn't really have any legal meaning in this country and your dad has the right to his confidentiality. It is not normal practice to phone the family of an employee whenever there is an accident unless the person requests it or it is so serious that the person is incapacitated.
Would you expect your family to be phoned if you had a fall and said you were fine? I wouldn't.

likearubberball

Blasted thing won't let me edit, so just to add - what is your dad's view with regards to returning to work? 

Lorian

If this was me I'd be suggesting my father submit a DSAR request specifically asking for any electronic communications, including but not limited to emails,  mentioning his name, to and from anyone in HR and to and from his line manager, with the DSAR search start date being the day before the incident happened (Data Subject Access Request  - running through to todays date.

He might want to also check what was written in the accident book.

You might also talk to their legal department and advise them you are considering legal action and ask them to put a legal/litigation hold on those mailboxes.
All depends whats at stake here.
Please note I'm not legally trained.

KatrinaWaves

You don’t mention at any point what your dad wants... is he wanting to go back to work or are you just trying to get him his sick pay? 

[Deleted User]

All comes down to the industry you work in. I'm sorry but it does. My brother had an accident at home resulting in a broken back back on 1st November 2015 and as a young man has been sorely unable to work, after giving 10 years to an aviation warehouse (it was his second job after serving) and went back, well tried after 6 months coming to grips in a chair - he was booted out in the summer of 2017 with no come back on the company.

tacpot12

How long had your dad worked for them? If it was a long time, then they might be open to the idea of making an ex-gratia payment. But it he was there for less than two years, I would tend to agree with the earlier comments that they have haven't been unfair in accepting his resignation.  

Grumpy_chap

If your Dad fell at work and hit his head, then had a stroke, should this be considered as industrial accident / RIDDOR?

What does your Dad want?

Best wishes for your Dad making a recovery.