Direct Report Injured at work then Sacked.
Comments
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At the end of the day, the claim will be paid out by his insurers.
I would suggest anonymously tipping-off HSE about the accident. Nothing like a visit from them to concentrate his mind on matters of safety.0 -
Rosemary7391 wrote: »I'd guess the OP is interested in (in no particular order):
- Their potential liability in this claim (admittedly now dealt with)
- How things should be done if they end up responsible for such things in a future job
- Their probable job security in their current role
Given the level of interest in "what happens to the boss", I'm more leaning to the theory that the OP *is* the boss and is now coming to the realisation that they've made a monumental c*ck up!!0 -
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I'd be careful saying things like that. I said the same thing yesterday. See if you can find the post! Which only, to my mind, suggests there's some substance to the speculation.Given the level of interest in "what happens to the boss", I'm more leaning to the theory that the OP *is* the boss and is now coming to the realisation that they've made a monumental c*ck up!!0 -
Hope the scumbag gets what is coming to them.
The employee did nothing wrong in this situation.
A) cleaning windows is not part of her role
B)if it is was, appropriate training, risk assessments, equipment should have been given.
C) her injury was through incompetence by the employer.
She would have an injury claim even if she wasn't fired. She can also claim unfair dismissal.
Imagine telling an employee to do a job that isn't in their remit without proper training or equipment then getting injured and then being sacked?
She will get every penny out of the employer.0 -
Smellyonion wrote: »Hope the scumbag gets what is coming to them.
The employee did nothing wrong in this situation.
A) cleaning windows is not part of her role
B)if it is was, appropriate training, risk assessments, equipment should have been given.
C) her injury was through incompetence by the employer.
She would have an injury claim even if she wasn't fired. She can also claim unfair dismissal.
Imagine telling an employee to do a job that isn't in their remit without proper training or equipment then getting injured and then being sacked?
She will get every penny out of the employer.
She has less than two years service, so no, she can't claim unfair dismissal.0 -
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You missed that the poor lady came in to work even when injured.Smellyonion wrote: »Hope the scumbag gets what is coming to them.
The employee did nothing wrong in this situation.
A) cleaning windows is not part of her role
B)if it is was, appropriate training, risk assessments, equipment should have been given.
C) her injury was through incompetence by the employer.
She would have an injury claim even if she wasn't fired. She can also claim unfair dismissal.
Imagine telling an employee to do a job that isn't in their remit without proper training or equipment then getting injured and then being sacked?
She will get every penny out of the employer.0 -
This is mostly nonsense!Smellyonion wrote: »Hope the scumbag gets what is coming to them.
The employee did nothing wrong in this situation. You don't know that.
A) cleaning windows is not part of her role
Pretty much any employment contract says something to the effect of "such other duties as the employer may require"
B)if it is was, appropriate training, risk assessments, equipment should have been given.
Maybe
C) her injury was through incompetence by the employer.
You certainly don't know that. Just because appropriate training wasn't provided (apparently maybe) it doesn't absolve her of any personal responsibility for her own safety. Your employer probably hasn't trained you not to hit yourself repeatedly over the head with a hammer, but good luck making that claim if you injure yourself doing so!
She would have an injury claim even if she wasn't fired. Maybe, maybe not
She can also claim unfair dismissal.
Only if she can show that her dismissal was actually because of a protected characteristic (not "health and safety" as you simplistically call it). Otherwise, with less than two years service she can't.
Imagine telling an employee to do a job that isn't in their remit without proper training or equipment then getting injured and then being sacked?
Imagine! She may have a personal injury claim depending on the full facts of the case.
She will get every penny out of the employer.
Time will tell.0 -
She wasn't dismissed for health and safety; and "health and safety" isn't one of the reasons for being able to bring a claim before two years anyway!Smellyonion wrote: »Theres no qualifying period for health and safety.0
This discussion has been closed.
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