Direct Report Injured at work then Sacked.

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Comments

  • JayRitchie
    JayRitchie Posts: 526 Forumite
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    Cotta wrote: »
    I agree my boss has not behaved great, however isn't a broken bone at work always a possibility without the employer being to blame.

    Dunno - perhaps the courts can decide?

    Was a RIDDOR reported?
    Was a risk assessment conducted?
    Appropriate health and safety training?
    Does your company have proper procedures?
  • Savvy_Sue
    Savvy_Sue Posts: 46,014 Forumite
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    Cotta wrote: »
    5. Outlined that cleaning windows is part of any office administration role and is covered under ad hoc tasks.
    :rotfl: Well, I've been doing office admin for over 40 years, and not once has anyone suggested that cleaning windows is part of my job!

    I have, very occasionally, been on a rota for vacuuming and emptying bins, but every time that's been necessary EVERYONE, including the managers, has also been on a rota. And it's only been while we look for a new cleaner!

    The rota now is for filling, starting and emptying the dishwasher, emptying the kitchen bins, and wiping the kitchen surfaces over - everyone, including the managers, is on the rota for this.
    Cotta wrote: »
    My role at the moment is to look for a better employer.
    Good call! How long have you been there?
    Cotta wrote: »
    I agree my boss has not behaved great, however isn't a broken bone at work always a possibility without the employer being to blame.
    There may be some contributory negligence in some workplace injuries, including in this case, because we're all responsible for health and safety. But again, in 40 years of working in an office, I have never known anyone break a bone at work.
    JayRitchie wrote: »
    Dunno - perhaps the courts can decide?

    Was a RIDDOR reported?
    Was a risk assessment conducted?
    Appropriate health and safety training?
    Does your company have proper procedures?
    Don't know about you, but I'm anticipating the answers to those to be No, No, No and No.

    I'm joining the ranks of "I hope they throw the book at him".
    Signature removed for peace of mind
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    Cotta wrote: »
    I agree my boss has not behaved great, however isn't a broken bone at work always a possibility without the employer being to blame.

    Depends on the cause.

    ( and if I’ve had my morning coffee...)
  • System
    System Posts: 178,092 Community Admin
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    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.


    That's all you need to say then.
  • pmduk
    pmduk Posts: 10,655 Forumite
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    sangie595 wrote: »
    Whenever that is. Her solicitor is going to make mincemeat out of him.

    Let's hope so, some employers are just begging for it.
  • DavidF
    DavidF Posts: 498 Forumite
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    If the injured party has employed a lawyer/solicitor (I alwaysget mixed up) that has at least a tiny understanding of the laws around these issues then your boss "could" be looking at huge payouts lol. Couple that with the fact that the former employee has almost a "duty" to report all of this to the HSE.....oh dear oh dear.
    Remember ignorance of the law is NOT a valid defence.
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    DavidF wrote: »
    If the injured party has employed a lawyer/solicitor (I alwaysget mixed up) that has at least a tiny understanding of the laws around these issues then your boss "could" be looking at huge payouts lol. Couple that with the fact that the former employee has almost a "duty" to report all of this to the HSE.....oh dear oh dear.
    Remember ignorance of the law is NOT a valid defence.

    Lawyer is just a general term for someone working in the field.

    It’s most likely a solicitor; most barristers are still not direct access
  • Cheeky_Monkey
    Cheeky_Monkey Posts: 2,072 Forumite
    Cotta wrote: »
    Personal injury is what she's claiming for, I've outlined that he could have handled things better and that I won't be a witness, the following points are now apparent:

    1.He inadvertently advertised her job a week before dismissing her.
    2. Feels any claim will be in the small hundreds in the unlikely event she wins.
    3. Feels it was her own fault that she fell.
    4. Outlined it will look bad that she only filed the claim on the day she was dismissed.
    5. Outlined that cleaning windows is part of any office administration role and is covered under ad hoc tasks.

    My role at the moment is to look for a better employer.

    That actually made me laugh out loud :rotfl:

    I dread to think what planet he's living on 'cos it sure as hell isn't earth.
  • Cotta
    Cotta Posts: 3,667 Forumite
    I'm almost glad I was off on the day in question, under what circumstances would my boss be exempt from a claim? He seems to think that now the girl is sacked and due to the fall being two months ago he is safe.
  • marlot
    marlot Posts: 4,932 Forumite
    Name Dropper First Anniversary First Post
    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 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
    I hope the incident was reported to the HSE.


    http://www.hse.gov.uk/riddor/reportable-incidents.htm
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