Help drafting a dismissal appeal letter

[Purple Pit]

Hello

I would appreciate advice please as my partner has been dismissed on the grounds that "you did allow a third party to lay on the floor behind the nearside rear wheels, and failed to adequately secure the nearside drop board contrary to safe practice. Resulting in serious head infury. The injured pard was rendered unconscious, required hospital tratment and was continuing to suffer from headaches and neck pain several weeks after the incident."

What I am proposing to argue is that whilst the third party was unconscious and taken to hospital, received head scan we were told they were diagnosed with whiplash and suffers from headches but was back at work within 4 - 5 weeks. Does this constitute a legal definition of a "serious injury".

I do not wish to appear callous but I feel that they are using the CCTV footage to base their assertion of "serious injury". We are also up against the respond in 7 days deadline so any help would be appreciated.

We have already stressed several time that my partner did not ALLOW anyone....

Many thanks - Purple pit

[ssparks2003]

Re: Help drafting a dismissal appeal letter

I personally don't see much milage with this agrument. You accept that there was a failing to adhear to safe pratices, a breech in H&S and a fairly major injury but you are quibbling that 5 weeks off work does not seen that serious.

Seems quite serious injury to me if the person has not worked for 5 weeks.

[dan_1207]

Re: Help drafting a dismissal appeal letter

I personally don't see much milage with this agrument. You accept that there was a failing to adhear to safe pratices, a breech in H&S and a fairly major injury but you are quibbling that 5 weeks off work does not seen that serious.

Seems quite serious injury to me if the person has not worked for 5 weeks.

Seconded. It seems very serious.

[leclerc]

Re: Help drafting a dismissal appeal letter

Hello

I would appreciate advice please as my partner has been dismissed on the grounds that "you did allow a third party to lay on the floor behind the nearside rear wheels, and failed to adequately secure the nearside drop board contrary to safe practice. Resulting in serious head infury. The injured pard was rendered unconscious, required hospital tratment and was continuing to suffer from headaches and neck pain several weeks after the incident."

What I am proposing to argue is that whilst the third party was unconscious and taken to hospital, received head scan we were told they were diagnosed with whiplash and suffers from headches but was back at work within 4 - 5 weeks. Does this constitute a legal definition of a "serious injury".

I do not wish to appear callous but I feel that they are using the CCTV footage to base their assertion of "serious injury". We are also up against the respond in 7 days deadline so any help would be appreciated.

We have already stressed several time that my partner did not ALLOW anyone....

Many thanks - Purple pit

isn't the key here that "you did allow a third party to lay on the floor" and that the consequence was a serious injury which you have more or less said.
The question is was the third party authorised to be on site in the first place?

Did the CCTV show any discussion between yourself and your partner with the person when they were laying on the floor? If not then the CCTV footage does appear to be damning to you....

[Purple Pit]

Re: Help drafting a dismissal appeal letter

Thanks for all the replies. He did not allow him. The third party statement said it was his idea. Why I was asking about a definition of a serious injury is I believe in personal injury they have mild, moderate and serious. No the CCTV does not show any conversation on the floor. But I have got the message. Cheers.

[leclerc]

Re: Help drafting a dismissal appeal letter

Thanks for all the replies. He did not allow him. The third party statement said it was his idea. Why I was asking about a definition of a serious injury is I believe in personal injury they have mild, moderate and serious. No the CCTV does not show any conversation on the floor. But I have got the message. Cheers.

Purple Pit,
If he was unconscious and had to go to hospital then I am afraid it is a serious injury. Anything that might breach health and safety of you and others around you is your responsibility when something goes wrong which happened in this case.
I don't think your chances are high because I think their definition is hospitalisation and that had it been a cut on the hand then I would agree entirely with you that it was not a serious injury.

Time to move on and the most important thing is to explain to the next employer your story and to be able to state it in a way which is both regretful and contains the truth as well.

[Nomoneynoproblem]

Re: Help drafting a dismissal appeal letter

Purple Pit,
If he was unconscious and had to go to hospital then I am afraid it is a serious injury. Anything that might breach health and safety of you and others around you is your responsibility when something goes wrong which happened in this case.
I don't think your chances are high because I think their definition is hospitalisation and that had it been a cut on the hand then I would agree entirely with you that it was not a serious injury.

Time to move on and the most important thing is to explain to the next employer your story and to be able to state it in a way which is both regretful and contains the truth as well.

I second what everyone have stated. Health & Safety is a very serious issue in the workplace and most employers take this seriously especially in light of the Corporate Manslaughter Act.