Having your contract ended by an employer is rarely a good feeling. However, in certain circumstances, employers have a legal right to do so. In others, such as after an accident at work that left you injured, a dismissal might not be lawful.
When Can You Make a Compensation Claim
You can take legal action if you are sacked after an accident at work that wasn’t your fault. You can make an unfair dismissal claim and you could be entitled to compensation. You must act within three months of being sacked.
This guide will look at what counts as unfair dismissal in the UK, what your rights when it comes to dismissals and what steps you can take if you feel you’ve been unfairly let go.
- – What is the accident at work procedure?
- – How to report accidents and incidents at work
- – What does RIDDOR stand for?
- – Dismissed after accident at work, what are my rights?
We update all our guides regularly. If you are researching Personal Injury and Personal Injury Compensation Claims and we haven’t got an exact guide that helps you, keep coming back as we update daily.
What Are Fair and Unfair Dismissals?
Once you’ve worked with an employer for two years, you get extra protection under a piece of legislation called the Employment Rights Act 1998. Amongst other things, this sets out reasons that count as ‘fair dismissal’.
Under the Employment Rights Act 1998, a dismissal would be classed as fair in the following five scenarios:
- You don’t have the necessary qualifications or capability to do the job
- You have committed some form of misconduct
- You are being made redundant as your job role is no longer needed
- Your employer can’t continue to employ you for legal reason
- There is another ‘substantial reason’ which means you can’t be employed any longer
You’ll notice that purely having an accident at work, or making a compensation claim as a result of a workplace injury, are not included on this list. Barring a few niche cases which we’ll look at a little later on, this means that being dismissed due to an injury at work is likely to be an unfair dismissal and something you can take legal action against if you want to.
Even if you’ve been with your employer for less than two years, they still need to have a good reason for letting you go and have followed all of the correct proceedings in doing so. If they don’t, the dismissal can be classed as unfair and, you have a right to take legal action.
There are also certain situations in which being dismissed is automatically deemed unfair, regardless of the case your employer tries to make against you. These reasons include:
- Joining (or refusing to join) a trade union
- Reporting a company’s wrongdoings to the authorities (whistleblowing)
- Acting ad a trade union or employee representative
- Pregnancy, and all reasons relating to maternity, paternity, or adoption leave
- Taking industrial action (in the first 12 weeks of industrial action)
But this doesn’t help us too much in the case of being injured at work. So let’s take a deeper dive into the rules surrounding being dismissed as a result of an injury at work.
On average 20% of people who get injured at work make a compensation claim.
Can I Be Dismissed for Being Injured at Work?
Generally, no. Being injured at work is not listed in the five reasons an employer can fairly dismiss you. You also can’t be dismissed solely for making a personal injury claim.
Now let’s look at the cases in which you might be able to fairly dismissed after being injured at work. Put simply, this can happen in two cases – where the accident was down to misconduct on your part, or if you are injured to the extent, you can no longer do your job.
What if the Accident or Injury Was Your Fault?
If it can be proved that the accident was due to your own misconduct, then you can be fairly dismissed by your employer. An example here might be if the accident was due to you taking actions that seriously compromised your health and safety and that of others around you. This would be a fair dismissal in the eyes of the law.
What if the Injury Means You Can’t Do Your Job Anymore?
In the case that the injury was serious enough to leave you with a lasting illness, injury or disability, your employer should try to make ‘reasonable adjustments’ to accommodate you to allow you to return to work. It’s only if they cannot do this, and they can prove that they have a reason for why not, that they can legally dismiss you as a last resort.
Here, it’s good to be aware of the legal definition of disabled in this case. The Equality Act 2010 defines a disability as “a physical or a mental condition which has a substantial and long-term negative impact on your ability to do normal daily activities”. Under this piece of legislation, your employer cannot treat you differently or unfairly on the basis of disability.
If You Think You’ve Been Unfairly Dismissed, What Can You Do About It?
By law, you can’t be forced out of your role simply for being injured at work. So if you think your dismissal might’ve been unfair:
Check You Followed All of the Correct Procedures Yourself
To make sure all matters are handled correctly and as professionally as possible, check that you followed the correct accident reporting procedures to the letter. This means:
- Informing a manager about your accident as soon as possible
- Making sure the accident and injury are properly logged in an accident book
- Seeking advice from a lawyer or your trade union about what to do next
Collect As Much Evidence As You Can
Gather as much supporting evidence as you can. Try to get hold of any photographic or video evidence of your accident, the place it happened and the injuries you sustained. If anyone else witnessed the accident, try to get a witness statement from them – these can be very valuable in a personal injury claim.
If you feel you were unfairly dismissed, or are in the process of a dismissal, get as much evidence as you can in writing. Gather any email correspondence, meeting notes or even consider recording your phone calls to track the process and ensure it is all above board.
Get Legal Advice As Soon as Possible
If you think you have a claim against your employer – either for the injury at work or for unfair dismissal afterwards, or both – then don’t delay. There are time limits in place for how long after an event you can make a claim to an employment tribunal (typically within three months of being dismissed for unfair dismissal claims) so seek legal advice as soon as you can.
Quick Personal Injury FAQs
RIDDOR stands for the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations. This 2013 legislation requires that you report workplace incidents. A report should be made no later than ten days after the occurrence.
Reports are made to the Health and Safety Executive (HSE). They should be made by a responsible person such as a supervisor, manager or business owner. Not all incidents need to be reported, though a majority do. You should file a RIDDOR report online.
Even if you’ve claimed compensation and taken your employer to court, they are not legally allowed to dismiss you after an injury. If you can prove that your dismissal is a direct result of your injury, you could be entitled to further compensation to rectify the way you’ve been treated.
Any accidents in the workplace need to be properly recorded. That’s the case whether they happened to you, another member of staff or a customer. Your place of work should have an accident book that they maintain.
Make sure that any accident is recorded in the accident book. The document should be signed by those involved, to show that it’s an accurate record.
It’s always a good idea to report an injury outside of work. Even if you have no intention of claiming any money, reporting an incident means that any oversights won’t go unnoticed for long. Reporting incidents provides those responsible with a chance to set things right, whether they need to make some repairs or change the processes they have in place.
How Can Money Savings Advice Help You With Making a Personal Injury Compensation Claim?
Here at Money Savings Advice, we have partnered with some of the UK’s leading Personal Injury Claims management companies. They have already helped thousands of people claim compensation for injuries they have incurred, and they can do the same for you.
Choosing an independent claims management company means they won’t proceed with a claim unless they are sure it is in your best interests. They are also regulated by the FCA, which gives you an additional layer of protection.
If you would like to speak to one of these claim management companies who can help you make a compensation claim, then click on the below and answer the very simple questions.