My partner broke his leg when working

BikerMooFromMars

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elsien

He’s admitted to working cash in hand which is effectively tax avoidance. I strongly suggest you remove his photo and identifying details from your post. 

If the “friend” wasn’t willing to put him through the books for the same reason then he’s really not going to be keen to claim on his insurance, and the insurance may also not be willing to pay out in these circumstances. That’s what happens when you try to buck the system. 

Had he looked at what benefits he might be entitled to, and also whether he can take a mortgage holiday? 

comeandgo

It does not sound like an insurance incident, he had an accident and no one is to blame.  Has he tried to claim any benefits?  

Grumpy_chap

BikerMooFromMars said:

in-between jobs at the end of December, and after finding out he didn’t get the holiday pay he thought he was entitled to receive inbetween Christmas and new year (apparently due to being furloughed), he took on a week’s cash in hand work through a friend/neighbour (who owns his own business) to make ends meet.

This part is not obvious to understand.

If he was "between jobs" then he had left the old employer (before 23rd December presumably).
Having left the old employer, he would not get paid leave between Christmas and New Year, but may have had excess holiday entitlement owing.

Furlough ended several months back, so the reference to no annual leave because of being furloughed is not clear. 
If he was previously on furlough, he was not on leave at the same time (or did he take annual leave during the furlough period to get his wage up to 100% for that period, or part of that period?)

This is worth understanding in case the old employer still owes accrued holiday pay...


Outside of that, it is worth assessing whether he can claim JSA and /or UC.  He may be able to claim the contributions based part of new-style JSA even if not eligible for UC.  

lisyloo

Sorry to hear of his situation.

It’s tax evasion (illegal) not avoidance (legal)
who do you think is to blame here?

if it was reasonable for the “boss” to have made mitigations for the slippery surface then why did your partner not ask for it?
id suggest it’s because it wasn’t obvious it was an issue and therefore there is no liability.

i doubt the company has insurance for personal accident, only for their liability.

I’m not a lawyer but I don’t see a case for negligence.
all for thought/to provoke debate.

Bradden

I would think it's more complicated than this as an ambulance was called this is now a reportable incident I beleive under H&S legislation. 

lisyloo

Bradden said:

I would think it's more complicated than this as an ambulance was called this is now a reportable incident I beleive under H&S legislation. 

These people have opted out of tax legislation, so they might not, but yes good point.

Grumpy_chap

Bradden said:

I would think it's more complicated than this as an ambulance was called this is now a reportable incident I beleive under H&S legislation. 

Merely the ambulance does not create a RIDDOR reportable incident, but the type of injury does:
https://www.hse.gov.uk/riddor/reportable-incidents.htm

Specified injuries are (regulation 4):

• fractures, other than to fingers, thumbs and toes

molerat

I do hope the employer has submitted a RIDDOR report.  Failure to do so would be an offence under S33(1) of the HASAWA 1974 punishable by a fine and / or possible imprisonment !

General_Grant

"Working 'cash-in-hand'" isn't itself unlawful if by that you mean receiving cash for work done. 
However, the contractual relationship is important. 
Was Dom a worker for the "legitimate business" or self-employed?
Is he submitting a time-sheet or invoice?

lisyloo

General_Grant said:

"Working 'cash-in-hand'" isn't itself unlawful if by that you mean receiving cash for work done. 
However, the contractual relationship is important. 
Was Dom a worker for the "legitimate business" or self-employed?
Is he submitting a time-sheet or invoice?

No but it’s normally used to mean “off the books” for the purposes of not paying tax.

i think that’s what most posters inferred.