Laid Off after an accident at work

[katelou1se]

My partner works for an engineering firm where he is a fabricator/welder. The company has several contracts with various firms where they supply men on site to maintain and repair machinery etc. My partner recently had an accident at work while on site and severed the tip of his finger. He returned to work within 2 weeks and a few days later due to the appalling job that was done stitching his finger back together it burst open when a piece of heavy steel fell on it so again he was off work for 10 days having it stitched etc. He has returned this week but he has just been told that the site where he had the original accident won't allow him to go there and work anymore therefore his company no longer have any use for him and have laid him off. This sounds really unfair to me, he injured himself while working for them. Also the company have other sites and they have a large workshop where they fabricate things for. Can they just lay him off like this and for that reason?

[ULA]

How long has he worked at the company? Did they go through any formal process before saying he was laid off? Does he have a contract of employment?

[katelou1se]

Hi,

he was agency from Dec to Feb, then taken on fully by the company until now.

He has never ever signed a contract with them although it was mentioned that he should they never got around to it.

There were no formal processes it was just dropped on him suddenly.

[ULA]

He should by now have received a written statement since this should have been provided within 2 months of him starting directly with the company. It would have been good for them to have discussed whether there was an alternative work location that he could be transferred to before making the decision to lay him off. Unfortunately since he has less than 2 years service then unless it falls into a range of exception that would create a situation of there being a claim, his employer may have considered they are on "safe" grounds to lay him off. In doing so though he should have been given notice or pay in lieu of notice and also paid for any accrued but untaken holiday.

I am going to tag Peridot who may be able to provide some advice on the accident at work aspect.

[Peridot]

Hi Katielou1se,

So difficult when someone has been employed for less than 2 years and there has not been a breach of any statutory rights. As far as the accident itself is concerned, was there any cause of the accident that may be considered to be negligence on the part of the employer; for example did he receive training to carry out the task he was expected to do. Was health and safety an issue and had it been reported before your partner's accident? Did he report the accident.

Of course genuine accidents do often happen and no one is 'to blame.' However, if there were some health and safety issues, it may be worth discussing a potential claim with a specialist personal injury lawyer to see if there is a potential claim to be explored.

If you could provide a little more information about the accident itself we may be able to point you in the right direction.