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Knee injury not my fault now work making me redundant for being off sick

(19 Posts)
Skippyskippy Tue 10-Feb-15 04:54:48

27th Dec slipped on wet floor knee went sideways, had MRI shows torn ACL and stretched interior ligament, on informing my employer during Xmas hols of this got text back saying "blast" due back on the 5 th but had sick note for 2 weeks at first, got told need you back we short staffed I said I can't walk I am in agony, during call I heard this 3 times. Then got told could affect my job me not going back, then on my 8th day of absence received a letter saying as from Monday on ssp usually its 6weeks. Since they have trained people todo my job, they now making me redundant, felt threatened to return to work when I can't walk need advice...

Skippyskippy Tue 10-Feb-15 05:17:18

Can I add been employed for 20 years

BikeRunSki Tue 10-Feb-15 05:22:46

Are you able to get to citizen's advice?

Fadingmemory Tue 10-Feb-15 05:34:10

Skippy, try phoning ACAS for advice. Contact number and info on employment issues is on the website. Good luck!

ohdearitshappeningtome Tue 10-Feb-15 05:34:57

I think you need professional support on this. Can you speak to a employment lawyer ?

Bugsylugs Tue 10-Feb-15 06:03:00

Definitely get advice. I don't think you can make someone redundant if the role is still needed so training someone else to do the role is not the role becoming redundant

insancerre Tue 10-Feb-15 06:44:05

Was your accident documented in the accident book?
Were there any witnesses?

PeaceOfWildThings Tue 10-Feb-15 06:57:42

You really need to talk to a professional advisor who can consider the accident (if at work) and your contract, and have access to the facts and what has happened since and tell you what could legally happen under these circumstances.

Whatever you do, don't risk your recovery or put yourself at risk by returning to work when not able to adequately do the job.

Hissy Tue 10-Feb-15 07:23:58

I don't think this accident was at work, but they have zero right to treat you like this.

Get legl advice now!

Musicaltheatremum Tue 10-Feb-15 11:29:54

If they have trained other people to do your job then I don't believe you can be made redundant as the post still exists. Phone ACAS initially.

Skippyskippy Tue 10-Feb-15 17:55:01

Thank you everyone, have phoned ACAS give me advice got to keep them informed of everything

Skippyskippy Tue 10-Feb-15 17:56:05

Accident was in a different place x

atticusclaw Tue 10-Feb-15 17:59:21

This sounds like they are dismissing you for capability or attendance reasons rather than for redundancy. Did they actually use the phrase redundancy or is that the way you have interpreted. Redundancy has a very specific meaning and is (in layman's terms) where you need fewer people to do the work.

I suspect this is for attendance reasons in which case they may well be entitled to dismiss you depending on how many absences you have had in recent times. Unfortunately, the fact that the accident wasn't your fault is irrelevant (unless you had the accident whilst at work). You have a contractual duty to attend work. If you can't attend work then your employer will eventually be able to dismiss you (having followed a fair process).

PeaceOfWildThings Tue 10-Feb-15 18:38:14

Ok, so was some company clearly at fault? Was the wet floor in a public building, and no sign to say the floor was wet, not cleaned up enough (or wet because it had just been cleaned...?) In othwr words can you pass on the loss of earnings bill to whoever was at fault here?

atticusclaw Tue 10-Feb-15 18:50:12

The loss of earnings is not the issue though peace, the issue is the loss of the employment. No PI claim will cover the OP for the loss of her employment. The PI claim is separate from the potential employment claim.

Millerpup Tue 10-Feb-15 19:00:38

Loss of earnings will be taken into account for a personal injury claim if she can prove that her loss of employment was due to this injury...
To make someone redundant is not as simple as people think and there is specific requirements that have to be followed. The job has to become redundant not the person and the employer has to be seen to do all it can to place that person in an alternative role within the company if there is one available.
Keep acas informed of whats going on they are the best ones to give advice.

Notrevealingmyidentity Tue 10-Feb-15 19:05:37

What have acas said ?

atticusclaw Tue 10-Feb-15 19:09:20

She wouldn't recover for the loss of her job though since that isn't reasonably foreseeable (I'm an employment lawyer though not a PI lawyer). Anyway I still suspect that this is loose use of terminology and actually if the employer is threatening dismissal it is due to attendance levels rather than "redundancy".

Skippyskippy Thu 12-Feb-15 17:06:57

Redundancy has been mentioned but when in another meeting they said they done a scoring system with the other 2 girls they work in sales and I accounts clerk, the girls have been told they got a job for life how could that be its between the 3 of us. So in my eyes means one thing and they keep asking me when will I be returning, can't walk at the moment waiting on surgery but they say they need me back quite soon as MD retiring but I got to have knee construction waiting on reply from them

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