In August dh had an accident at work. He worked alone that day and because he didn't report it that day he was sacked for gross misconduct. We saw a lawyer, he appealed and was re-instated. His employer do not know we sought legal advice though.
By the time he had been re-instated he had been to see a specialist about his injury and had to have extensive surgery. The surgery was expected but not for another year or so. The accident aggravated his existing condition so much he was taken in as an emergency and operated on almost immediately. All of this happened with 8 days!
He has been signed off sick since. His is due back at work in the early new year. His employers are already making things difficult for him. Saying he is not entitled to his accrued holidays etc. he is currently earning just ssp.
We strongly think that they will do everything in their powers to get rid so dh is starting to apply for roles now.
What does he tell a new employer at interview stage and what does he do about references?
His current employer also made a big deal about dh and time off when his mother died unexpectedly this time last year. We are in no doubt they will put the boot in.
Should dh just start at the beginning and be completely upfront. He has excellent references from his previous employer. Thanks if you have read all of this.
Did his current employer have a "lone working policy" that covered his accident ? 'his existing condition' - had the policy been adapted to meet his needs? before you apply for new roles, you need to speak to a lawyer about the constructive dismissal situation you are in. Even if your DH was a silly arse, he was working alone, which should have been risk assessed in advance.
Next you and DH need to be utterly honest with yourselves about which bits of the accident were genuinely his fault - what would he do differently if in the same situation again ?
Because then when he applies for other posts he can genuinely say that he has positively learned from the incident, the repurcussions and the implications.
Anything short of that and he may find himself unemployable.
Who is your bluntest friend. Run it past them ....
This is what we are worried about. There was no lone worker policy and the accident was caused with a hose being left out that he got caught up in. He really needed to come home for painkillers and ice. He learnt that just becaue one manager didn't answer their phone at 10 am on a Sunday when he tried to say he was going home that he should have tried more and more and more people to let them know. Even leaving messages on voicemail. He does know that.
I have lots of blunt friends but no one who recruits or has employment experience.
No lone worker policy : they are shafted Sunday morning and no emergency safety system : they are shafted
go talk to a lawyer on Monday morning. Put in a claim to the employers insurance - they (by law) have £5 million cover. Has he reported the accident to the HSE?
I'm utterly not joking here. Your DH was injured. His replacement could be killed.
Firm I worked for did a subbie job where safety harnesses were needed. Site manager got stressed and said not to bother. Our guys did clip on. His subordinate did not. And slipped - into a 440,000 litre tank of car paint. My colleagues watched him die. At the inquest it turned out that non clipping had gone on for yonks because nobody had got hurt yet - then a father of three died.
Get your DH to learn all he can, sue them and get away
Pattern of work ... Risk of accidents .... History of accidents .... Procedures he'd allowed to slip .... Procedures he stuck to ... what was different that day ... what happened before ... during .. after ... reporting, lines of control. All the things to prove he's a responsible employee, not a gung ho idiot.
Feel free to message me with actual details and i'll research case history (CPD in my case :-)
An ex colleague died at a firm where he had helped to cover up the circumstances surrounding a previous death. He got burnt to death because common practice was not to isolate the ovens when someone was working in them.
DH (does a lot of hiring) gave advice to a friend of mine in a similar but worse situation. Basically, he said to be straight up and honest about what had happened in job interviews, 'yes, there was provocation but I shouldn't have done X and Y, and in future I'd certainly do Z'.
However, when it came to it the interviewers didn't mention the situation to our friend, and he got the job (which still seems a bit odd to me, given the situation and the job), so this might well be your DH's case.
TBH in this day and age, any good employer for any post earning over the national mean wage will have made informal checks so already know about the incident. Be ready to be open and honest but do not be surprised if they do not raise it. Good luck to your DH.
I left my last job after a period of sickness. I had 2 days off in 5 years, then about 8 weeks off following a hip replacement operation. My boss expected me back within 2 weeks....he was a total bastard about everything (over a long period of time). I looked for another job, and about 3 weeks after I went back to work, I had an offer. I resigned on the spot, claimed constructive dismissal and got a modest settlement.
So, what did I say to the new employer? I had a great relationship with HR, with several directors, in fact most people except my boss! I knew HR would provide a dates only reference (got this agreed in my compromise agreement) and so references weren't a problem. I said I was leaving because I wanted new challenges after 5 years (true) and that the company I was at wasn't doing well financially (true). They didn't ask about my health and I didn't volunteer. I am crap at lying, and wouldn't want lie anyway...if they had asked me straight out, I would have been absolutely straight down the line - openess and honesty is always the best policy. Just remember that you can usually spin the facts to suit you.
As others have said, your DH's employers are in a much worse position .... depending on the action you / he take.