Author Topic: I lost my job! Do I have any rights? (Read 5900 times)

crispsandwich · « **on:** February 03, 2006, 04:54:34 PM »

Firstly, apologies if it isn't appropriate to post this here. Please delete it if it isn't Ol, Steve or Tim :).

I've been working at a local Residential Home for the past three months. Yesterday I lost my job, and under the circumstances I'm feeling a bit hard done by.

Basically, I injured my back litfing residents (always with another carer and handling belts) and I was off for a total of three weeks. I also did some research and spoke to other carers, my doctor, people who work for agenices and they said that what I was doing was illegal and that all residents in wheelchairs should be hoisted, as this reduces the risk to both them and staff. The residents in question can stand to a degree, but it's the actual lifting that's caused my back problems.

So I went back to work yesterday and said to the manager that I would like to be shown how to use the mechanical hoist, so that I could use it to lift residents out of their chairs when needed. I was told that other staff wouldn't do this and that residents have a right to refuse being hoisted, as this takes away their basic independence (being on their feet). I said I could see where she was coming from, but that I felt I had a right to refuse to lift as it was putting me at risk (as shown by my three weeks of absence from a bad back).

She telephoned the proprieter, who agreed with her and now I've been told I can't work there, as there are no 'light duites' I can perform and that other staff will not put up with having to lift when I don't. And I can't hoist residents. She also remarked that having a bad back is part of being a care assistant, because she'd been one and knew. I completely disagree with this.

So now I've lost my job and I still have a sore back. I recieved no proper lifting and handling training.

Do I have any rights here? I'm not after compensation (although the lost earnings would be nice), but it's not right (in my opinon) that staff are treated this way.

Any advice?

-Danny.

sambo · « **Reply #1 on:** February 03, 2006, 04:57:38 PM »

well firstly i cant really help you at all sorry... but in my opinion if thats how a place treats their staff i wouldnt want to keep working there... you should sue and then find a place which cares lol....

HTH AMPS · « **Reply #2 on:** February 03, 2006, 05:38:46 PM »

phone one of those ambulance-chaser adverts and see where you stand.

:twisted:

_tom_ · « **Reply #3 on:** February 03, 2006, 05:47:40 PM »

Quote from: sambo

well firstly i cant really help you at all sorry... but in my opinion if thats how a place treats their staff i wouldnt want to keep working there... you should sue and then find a place which cares lol....

Yeah, after reading all the other threads about your job, if it were me, I'd be happy to leave, it sounds like a cr@p place to work

chrisheyes · « **Reply #4 on:** February 03, 2006, 05:51:39 PM »

Danny

I believe you have a case.

My advise to you would be to visit you local Citizens Advice Bureau to discuss the circumstances. They will tell you options that you have in
seeking compensation for unfair dismissal.

Good luck

dave_mc · « **Reply #5 on:** February 03, 2006, 05:52:50 PM »

i don't know about the legal standing of it, but i think, from reading all your past posts, that you've been aggrieved.

I'd contact your local citizen's advice bureau, explain to them what's been happening, and see where you stand.

I can't see how thye can say "having a bad back is part of the job", when there are lifts that'll do it for you.

Ratrod · « **Reply #6 on:** February 03, 2006, 06:22:08 PM »

That sucks dude. A mate of mine was laid off too because of his back. In theory he should have called in sick untill the employer can provide a lighter job. He didn't do that because he didn't feel he was sick. It's a long and complicated story but to make it short n' simple: They scr*w*d him, big time and it's now in the hands of the lawyers.

I don't know how it works in the UK but overhere an employer is supposed to find you a more suitable job within the company, if that fails, he has to help you find it somewhere else. In the real world it doesn't always work out that well.

My advice would be to get some legal council. Are with a union?

38thBeatle · « **Reply #7 on:** February 03, 2006, 06:24:03 PM »

I'd ditto the C A B. I do know that back problems are often a problem in the "caring" professions and to a certain extent, employers are allowed to dispense with people who are not fit for the job however your condition wa sbrought about by the job you were doing and I am sure, from the previous posts you have made, that you would have some grounds to make a claim in respect of injuries you sustained at work. I work in the Insurance industry and a claim I was looking at just today involved an alleged back injury. That claim was spurious however the claimant looks like she will get around £3k. Yours is genuine so I would say that you should get advice from the CAB and thereafter get one of the decent accident specialists to advise you rgarding the prospects of making a claim aga8nst your former employers insurance. You have to prove your claim but as you have had time off, presumably with a Docter's certificate, that should not be too hard to do. It is notn about cash I realise but they seem to have been a particularly unpleasant company to work for. A claim might make them think about how they treat their staff.

Searcher · « **Reply #8 on:** February 03, 2006, 06:25:04 PM »

You have a strong case, but you'll obviously need to talk to a lawyer about it all. I think you may be able to use your past posts here as a kind of evidence. I know that diary entries that are dated count as legal evidence, so perhaps forum posts do as well.

Skybone · « **Reply #9 on:** February 03, 2006, 06:31:45 PM »

Yup, local C.A.B. will be glad to help.

chrisola · « **Reply #10 on:** February 03, 2006, 07:07:53 PM »

no training for manual lifting = big no no.

Citizens Advice +127289

You may just have a good case!

Good luck. Definitely pursue this... it doesnt cost you anything and its wrong.

Elliot · « **Reply #11 on:** February 03, 2006, 07:17:34 PM »

Personally if you are near a law centre or a free representation unit - I would go there as well as a CAB - Law centres are often staffed by practising litigators who are 'doing their bit' - CAB people, as a rule, are not qualified lawyers.

As to a claim I think you have a making of a unfair dismissal claim - this is in the Employment Tribunal and, so long as you are not vexatious, has a rule of 'no costs' - i.e. you can get your costs from them and they cant get their costs from you.

This often puts employers in the position of making some kind of offer as a barrister charges about £500-750 per day for the trial. Solicitors fees on top are likely to be double to three times that of counsel's fee. This means that it is often more economical for an employee to be offered £3000 or so as a walk away.

However, employment law is pretty much about whether the employer followed the right procedure rather than a 'common' view of justice - so be warned and don't expect an American style court room drama.

As to personal injury - if your accident was caused during work and was due to a breach of the health and safety law then the employer may be liable in negligence. This cannot be dealt with in the Employment Tribunal but has to be dealt with in the County Court. This is not cost free - but you can often get a good service by going to a No Win No Fee solicitor (dont bother with the people who advertise on daytime TV as they are generally insurance companies).

If, on their advice, you have a 75% chance of success they will do the case no win, no fee (although you might have to pay insurance premium to protect yourself from the cost consequences of losing). In such a circumstance, the case has a good chance of settling as the employer will not want to risk a public trial. English procedural law is geared around the cases settling not fighting.

In reality you would want a settlement as going to court is highly stressful and risky.

Are you a member of a Union? They often have a fighting fund in situations like this.

I have to say - private nursing homes are notorious for bad employment procedure.

As a caveat I have to say I am not an employment or personal injury lawyer so don't rely on anything I have just written.

Floyd Pepper · « **Reply #12 on:** February 05, 2006, 06:47:47 PM »

I know bad backs do go with working in Residential Homes. I know lots of nurses and they all have bad backs from lifting. Can't offer you any help through I'm afraid.

Bainzy · « **Reply #13 on:** February 06, 2006, 04:52:47 PM »

I think you've definately got grounds for unfair dismissal and you should do your best to take it to court. However, it might be an idea to get some evidence - like taping a phone call with your boss or something, that would help your case in court in the event they deny everything.