Need advice for DP

(23 Posts)
Thatsfuckingshit Thu 06-Sep-18 13:57:06

Dp works in a warehouse. Last night his foot was run over by one of the bendy trucks they use inside. There was no first aider on site. I have take him to minor injuries today as someone from the health and safety team called him and told him he needed to be seen.

Luckily the toes/foot aren't broken, just bruised and swollen. They said he needs to ice it and rest it. Health and safety called back and he updated them. He advised he wouldn't be in tonight, which is his last shift of the week. He was due back in Sunday but has annual leave booked in.

They have told him if he doesn't do a shift, tonight he can't have holidays and it will be changed to sick or AWOL. They have said he needs to go in tonight, and can do light duties and the manager will authorise his holiday. If he doesn't go in, he doesn't get the holiday. We are going away and he doesnt get paid sick, we can't really afford for him to have a week unpaid but he is in quite a bit of pain when he walks and he can't wear a shoe. Also his work involves lots of walking around.

They have said this is company policy that you can't not be sick, the shift before holidays.

Can anyone advise if this is right to do?

OP’s posts: |
LIZS Thu 06-Sep-18 14:01:01

His absence should be sick until he returns. It needs to be recorded in the Accident Book.

MaverickSnoopy Thu 06-Sep-18 14:47:33

Employers need to give the same amount of notice as an employee is taking to cancel annual leave. Your DH is taking 1 week off so they need to give 1 week notice to cancel. Employment law trumps company policy. https://www.gov.uk/holiday-entitlement-rights/booking-time-off-

I hope the accident is in the accident book. I would suggest he communicates in writing.

HoleyCoMoley Thu 06-Sep-18 17:42:20

You can call ACAS for advice, they are lucky he is not suing for negligence, how Did it happen.

Thatsfuckingshit Thu 06-Sep-18 18:46:26

Thank you everyone. I will pass on the info.

Dp said that the truck was being used for replen, the driver stopped and asked him where a certain product was. He turned to tell him and the driver rolled forward. The truck went over his foot and stopped on it. He had to scream at the driver to get off, it was at that point the driver realised he was on him.

On top of this the health and safety guy has terrified him, talking about having an investigation happening etc

An investigation that will take place while we are away. And then to have his Return to work done, he has to wait until 7am tomorrow morning after his night shift as no one the night shift can do it. He finishes at 6am. It's just ridiculous.

OP’s posts: |
MaverickSnoopy Fri 07-Sep-18 12:16:36

Similar happened to my DH years before we were together. He was about to unload a delivery van and when the doors opened some heavy items fell on him and he put his back out.

He had to take time off work to recover which was paid SSP. As he couldn't afford to live off this he made a claim against his employer. The claim paid out but he lost his job - this is going back about 15 years.

His company should be making steps to assist your DH in any way they can. Their behaviour is appalling.

katmunchkin Fri 07-Sep-18 12:20:30

Working in a warehouse does he not have to wear steel toe capped footwear?

Thatsfuckingshit Fri 07-Sep-18 12:47:43

He did have steel toe capped boots on. Which are now damaged.

Thanks Maverick He is really worried about complaining, because he is worried he will lose his job.

OP’s posts: |
daisychain01 Sat 08-Sep-18 06:24:57

Get him to take a photo of his foot to show it is bruised and swollen, while it's at its worst. That's going to be important proof for the investigation, esp if the company try to minimise or do a cover up.

Not sure why you're worried about the investigation, OP that's a good thing surely, provided they do it fairly and accurately so your DH can give his account of what happened. He should make his own record of the full sequence of event, including the circumstances leading up to the incident what safety steps he took eg he was wearing hi-viz acccording to company H&S policy for example. Was the bendy truck driver fully stationary (eg with safety hand brake on) - it sounds like the driver stopped but wasn't using the proper safety protocol. A bit like applying the hand brake in a car to stop it creeping forward. If so then that evidence of who was in the wrong, ie it wasn't your DH walking out in front of him for example. If he can capture all the details while it is fresh in his mind, it will ensure he has a strong defence, during any H&S investigation.

CurrentlyAwayFromTheCompuer Sat 08-Sep-18 11:18:02

Shocking that they didn't have a first aide on site.

Thatsfuckingshit Sat 08-Sep-18 11:59:34

He is worried about the investigation because of how the letter is worded. Talks of allegations etc.

OP’s posts: |
SassitudeandSparkle Sat 08-Sep-18 12:08:27

Has he been signed off sick or is he self-certifying for today?

If someone is signed off sick then they can't usually take holidays at the same time and would get the holiday time back (because they are receiving sick leave/pay instead). Not sure about the shift before though tbh.

Why is he worried about an investigation, that's a good thing surely?

daisychain01 Sat 08-Sep-18 12:56:37

He is worried about the investigation because of how the letter is worded. Talks of allegations etc.

I'm not sure exactly what you mean by allegations. Is it that the warehouse vehicle driver is alleging that your DH was in the wrong?

All the more reason to get him to document the exact circumstances, time date, what happened who was involved etc.

Were there any witnesses who can vouch for his account of the event?

Thatsfuckingshit Sat 08-Sep-18 15:38:56

Has he been signed off sick or is he self-certifying for today?

He was going to be self cert. He went in so he could have his holidays. Which made his foot more painful. By the time he finished on Friday morning he was in a lot of pain.

I'm not sure exactly what you mean by allegations. Is it that the warehouse vehicle driver is alleging that your DH was in the wrong

We aren't really sure. The health and safety guy told him not to worry about the letter and said the way it's worded isn't great. This was before he received the letter. This man said dp had nothing to worry about. He was loud speaker so I heard him say that everything was fine, it's just what they need to do.

But the letter is worded as though there s been allegations against Dp.

OP’s posts: |
Thatsfuckingshit Sat 08-Sep-18 15:40:19

Were there any witnesses who can vouch for his account of the event?

There were a few people around, but do has only just started nights so doesn't know all their names. He has worked there for a over a year, but just started the night shift.

He has taken photos and wrote down what happened.

OP’s posts: |
RandomMess Sat 08-Sep-18 16:16:59

The investigation is about establishing whether everyone was following company policies and whether those policies are H&s compliant or the company failed in its statutory duty of care.

thanks

turnaroundbrighteyes Sat 08-Sep-18 16:25:14

Can he call in and ask for more details on the light duties? Would he be happy to go in (and get paid) for the shift if he was sat down doing clerical work?

redexpat Sat 08-Sep-18 16:44:21

I think it would be areally good idea for you to sit down with DH and write a timeline of what happened. All facts, no emotion, who he spoke to, when, how etc Start each point with the date.
eg
x.09.18 Your op
y.09.18 A person A rang at B time and instructed DH to go to minor injuries.

Went to minor injuries the same day at C o'clock. The diagnosis was D and the treatment was E.

redexpat Sat 08-Sep-18 16:44:46

Oh and record all the communication with the firm in that timeline.

topcat2014 Sat 08-Sep-18 16:48:11

God, some employers are just shite, aren't they.

Your DP was injured at work - and he is now worried and fearful etc.

It is the company that should be shitting themselves, not the employee...

Good luck, OP.

Thatsfuckingshit Sat 08-Sep-18 18:09:35

RandomMess Thank you. I will tell him.

They did offer light duties, but that was just doing his normal work, but allowing him to do it slower. But we are away now. So at least he can rest it now.

They do seem to dealing with it badly. Mainly arse covering rather than giving a shit about their employees. Just hope it doesn't out a shadow on this week.

OP’s posts: |
RandomMess Sat 08-Sep-18 18:15:39

How long has he been there? If more than 2 years and they some how sack him I would think you could wipe the floor suing them for wrongful dismissal...

ShalomJackie Sun 09-Sep-18 20:36:04

Let them go ahead with thre investigation and tell them that you welcome it as part of his claim against the company for personal injury

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