# Anybody been sacked for work injury



## bigbadjay (May 29, 2012)

Hi just need some info on anyone who has been sacked for a work related/long term injury

Im on light duties at work and probably thin ice so to speak. Iv got a back condition that i made my employers aware of. I used to do a massively physical job 6-7 days a week with pretty much zero mechanical aids. I work for a HUGE construction company with abbreviations BB

Has anyone ever either put a claim against for compo or found a different permanent roll at work?

Doesnt have to be personal or too much info but id like to know different situations so id know what to expect


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## lowejackson (Feb 23, 2006)

I was dismissed from work by my last employer for a work related injury and I have dismissed lots of people who are unable to work due to injury/sickness.

A lot will depend on the specifics of your case but a good starting point would be to read your sickness/absence policy. This will generally give a good idea of any trigger points or other issues which may need to be addressed


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## bigbadjay (May 29, 2012)

Iv never taken a day off for this injury but as i said i made them aware of a long term injury (early stages of arthritis in my lower back) so im on light duties until HR assess me and do a risk assessment


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## Gazjs (Nov 26, 2009)

Think I know who you mean. If you sustained the injury while working for that company, then surely they should be looking at there human factor and safety aspects of the job. Especially for such a large company. 

If you sustained it in a previous job, but told them on application/health questionnaire, then surely they knew what to expect when they offered the job? 

I've no experience, but from what I'm reading into it, surely there could be a claim for unfair dismissal in the case of the second or injury in the first?


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## bigbadjay (May 29, 2012)

Yes it developed in my current job. Started getting symptoms about a year into it and iv been her 3.5 years now and light duties for 6 months.

Im on a cushy number nice and peaceful ATM but the last set of lads doing the role I do now both got sacked for HAVs syndrome and one couldnt lift because of hernia's. When the work went quiet, they were offered the same as my original role, which they couldnt do so off they went.


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## CraigQQ (Jan 20, 2011)

My sister worked for a large banking call centre, and fell down the stairs at work (and no, she didn't go for the "have you fell at work" crowd and try to get a few quid out of them as she said she just slipped and it was her fault(missed the top step)) 

She was off work for 3 weeks with a back issue. Went back to work after, but her back was still in pain when sitting for long periods of time(call centre.. it's basically the job lol) so she asked for a better chair, they bought an orthapedic chair thing for her. It didn't really help. So she asked for sick leave to do physical therapy and chiropractor treatment as the doctors told her it was necessary.
They agreed, then after a week sent a written warning to her as "You have used an excessive amount of sick leave" and called her into a meeting to discuss returning to work.
The doctor gave her a letter for them explaining her back problem and extending her sick leave for a further 2 weeks for treatment.
They told her they would have to let her go due being unfit to work.

I never thought this was right.. as I'm sure they aren't even allowed to issue a written warning because your on sick leave are they?

This was about 4 years ago now.. but she got let go for an injury she sustained at work.


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## nick_mcuk (Jan 4, 2008)

CraigQQ said:


> My sister worked for a large banking call centre, and fell down the stairs at work (and no, she didn't go for the "have you fell at work" crowd and try to get a few quid out of them as she said she just slipped and it was her fault(missed the top step))
> 
> She was off work for 3 weeks with a back issue. Went back to work after, but her back was still in pain when sitting for long periods of time(call centre.. it's basically the job lol) so she asked for a better chair, they bought an orthapedic chair thing for her. It didn't really help. So she asked for sick leave to do physical therapy and chiropractor treatment as the doctors told her it was necessary.
> They agreed, then after a week sent a written warning to her as "You have used an excessive amount of sick leave" and called her into a meeting to discuss returning to work.
> ...


They can if your Bradford Factor goes too high but this will be because of unplanned sickness..If you had a DR's note saying I am sure there is grounds for unfair dismissal.

If you went into a job with a pre existing condition and didnt mention it then later played on it they fine you should expect to get sacked.


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## lowejackson (Feb 23, 2006)

CraigQQ said:


> My sister worked for a large banking call centre, and fell down the stairs at work (and no, she didn't go for the "have you fell at work" crowd and try to get a few quid out of them as she said she just slipped and it was her fault(missed the top step))
> 
> She was off work for 3 weeks with a back issue. Went back to work after, but her back was still in pain when sitting for long periods of time(call centre.. it's basically the job lol) so she asked for a better chair, they bought an orthapedic chair thing for her. It didn't really help. So she asked for sick leave to do physical therapy and chiropractor treatment as the doctors told her it was necessary.
> They agreed, then after a week sent a written warning to her as "You have used an excessive amount of sick leave" and called her into a meeting to discuss returning to work.
> ...


You can get formal warnings etc whilst off sick but in this case it does seem to be a rather severe reaction by the company. Having said that, call centres do seem to have a reputation for some brutal policies


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## nick_mcuk (Jan 4, 2008)

lowejackson said:


> You can get formal warnings etc whilst off sick but in this case it does seem to be a rather severe reaction by the company. Having said that, call centres do seem to have a reputation for some brutal policies


Not exactly tough to get new staff...they are ten a penny.

Still no reason to treat people like sh1t though


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## lowejackson (Feb 23, 2006)

I did some work for a few call centres before the recession and even when it could be hard to find staff they still treated them with utter contempt. Perhaps the most baffling part was the senior managers simply could not understand why the turnover was so high and quality was so low.


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## CraigQQ (Jan 20, 2011)

nick_mcuk said:


> They can if your Bradford Factor goes too high but this will be because of unplanned sickness..If you had a DR's note saying I am sure there is grounds for unfair dismissal.
> 
> If you went into a job with a pre existing condition and didnt mention it then later played on it they fine you should expect to get sacked.


Cheers Nick.. too long ago to bother now.. I told her at the time to ask a lawyer about unfair dismissal but she got another job, shortly after finishing therapy so didn't bother with the bank.


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