A person I work with was fired for asking to have a day off for hurting his back at work. Legal implications?

Tattie_Soup

If that is the full situation, I would say there are grounds for unfair dismissal. I would also probably find out if there were grounds for claiming compensation for the accident in the first place.

However, I would make sure you have the full details - maybe that is why they said they were fired, but there could be more to it than that.

smartypants_86

definitely, wrongful dismissal and he could probably get monetary compensation for his injury from the company.

Helen A

Assuming you are in the UK, and that this is actually what happened, it is certainly wrongful dismissal (if he has less than a years' service) and this would entitle him to his notice period, which will vary according to his contract but cannot be less than one week. If he has over a years service, and this was the only reason he has been fired, then he must have been fired as a result of an investigation and properly convened Disciplinary hearing, at which he must have the right to be accompanied by a colleague or Trade union rep. There must then be an appeal which he must also be given the same right of accompaniment. If this did not happen then his Dismissal is likely to be automatically unfair at tribunal. Providing that he has over a years service he has the right to make a claim to an Employment Tribunal for Unfair Dismissal. That is the situation in a nutshell from and employment law point of view, the only other thing I wanted to add is that if he hurt his back at work he may have a personal injury claim against his employer if the accident could have been prevented or he was not working within a safe environment. hope this helps

Hector S

seek legal advise asap
ensure that you visit your gp asap to record on medical nots that your friend has a bad back

firebobby

Tell them to contact ACAS tyhey are in the phone book and online. Good free advice.

CatLaw

If the co-worker was injured at work he/she has a legal right to fight for Workers Compensation. The co-worker should speak to a employment attorney who works with Workers Compensation in your state. The attorney will file a WC claim against the company. The attorney can also advise the co-worker of any options he/she may have to file a Federal and State discrimination complaint against the company.

Based on the limited information you have given, there are definitely grounds for unfair dismissal. Also, depending on how they hurt back at work, and how hurt it is, they could have a claim for work related injury.

The person should certainly seek advice from the CAB or ACAS if they have not left out any details.

Jonathan

There are probably grounds to sue, sounds like unfair dismissal.

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