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AIBU?

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AIBU for thinking the company are liable for a workplace injury?

37 replies

Iamanicelady · 27/09/2025 19:29

Hi all 👋🏻

Just asking some advice for a friend.

So my friends 21 year old son - who has additional needs and is not great at speaking up (the company are aware of this) - has a job as a flooring fitter for a small local company. At the start of the week, her son had to go to a job where the furniture needed to be moved - it is not in his job description to move furniture. He was told to move the furniture and, as it was heavy, he pulled a muscle in his back; he’s been in a lot of pain and has been unable to go to work. The problem is, they are saying it’s his own fault and are refusing to pay him for the time off he’s had and may need to continue to have. He has seen a doctor who said he needs to be on amended duties for his job but that is impossible as it’s all bending and kneeling down.
The issue is, he hasn’t done the manual handling training. He was sent the online course to do in November 2023 and as he hadn’t done it, they sent it to him again in February 2024. Again, he didn’t do it but no one has chased him up on this and it’s just been forgotten about. Apparently, none of the other guys he works with have done it either.
Surely the company are liable for his injury as they’ve got him to do a job that he hasn’t been trained to do and he’s hurt himself.

OP posts:
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SquashedSquashess · 28/09/2025 09:21

As someone who advises in this area, an earlier poster is right. Any civil claim will, to some extent, be successful due to him not being trained. However, there is “contributory negligence” on his part as he has twice been contacted about training and ignored it (he may well say he’s not seen it, but if the evidence of his colleagues is that they know where to find their training modules, that is unlikely to be accepted by the court).

Regarding his additional needs, those will only be relevant if he formally notified his employer of his condition and requested reasonable adjustments (eg needing additional reminders about training). It sounds like he may not have done that (did his employer perhaps have the impression he was shy with his mum in attendance, rather than there being a medical need?), in which case his employer is not on notice that he requires reasonable adjustments.

In any event, I’d echo the point that any claim won’t be worth much (loss of a few weeks’ earnings, maybe some physio appointments), and the cost will be his job and potentially any reference for future jobs.

Thisbastardcomputer · 28/09/2025 07:28

Rosecoffeecup · 27/09/2025 19:41

At risk of sounding like an old bastard, no wonder everyone complains about this generation. Nothing is ever their fault.

Totally agree and this OP is arguing his case

AlphaApple · 28/09/2025 07:24

If you want specific legal advice you should post on the legal board. You seem to be arguing this from a moral/ethical perspective and that’s hard to judge. It’s hard for you to be objective because you the person involved is a friend. It’s hard for people to give advice because you have, understandably, given limited information on the nature of this person’s disability. However, I will say that before you start a complaint or a grievance, be very clear about what you want to achieve from it, and whether it is a realistic expectation.

MissMoneyFairy · 27/09/2025 20:52

Probably not relevant but how many workers were there moving the furniture, was that piece of furniture a 2 person job, acas will have info and the hse if he's not in a union.

NeverDropYourMooncup · 27/09/2025 20:44

That's why he was supposed to do the manual handling training. They told him twice, but he decided he couldn't be arsed/knew better and then did something that the manual training would have told him how to do it safely (if at all). Now he's hurt himself from ignoring both the instruction to do the training and to not move things.

Assssofspades · 27/09/2025 20:11

Iamanicelady · 27/09/2025 19:54

He’s worked there for about 3 years. He does flooring. The rooms they are putting the floors down in have to be cleared of furniture by the owner so the team can go in and get the job done. On this occasion, they got to the house and there was an elderly lady who hadn’t moved anything out. The boss charged her a fee to move the furniture and got the team to do it. Moving furniture is not in his contract and they don’t usually have to do it (which is probably why they weren’t bothered that the manual handling course was done) but the guy in charge told them to do it and he didn’t question it because of his additional needs. It was moving this heavy antique furniture that caused him to hurt his back

A job description wouldn't usually be in a contract.

Sunflower459 · 27/09/2025 20:10

Flakey99 · 27/09/2025 20:09

You’re just going to get a load of pointless uninformed opinions by posting on here, when you actually need qualified legal advice from a specialist.

That’s true. I’m banging on about the logic of it all but I know nothing about where the law actually stands on this stuff.

Sunflower459 · 27/09/2025 20:09

SirBasil · 27/09/2025 20:03

He should have done the training.

He should join a union

Edited

He should indeed join a union. As should everyone.

Flakey99 · 27/09/2025 20:09

You’re just going to get a load of pointless uninformed opinions by posting on here, when you actually need qualified legal advice from a specialist.

Sunflower459 · 27/09/2025 20:09

Angeldelight50 · 27/09/2025 20:02

Would posters have a different opinion if he had flipped through 10 slides on an e-module?

Very likely he would have still pulled a muscle, seems harsh for the boss to refuse sick pay for an injury at work.

I mean, we all kind of know that these e-learning things are frequently no more than a way for companies to cover their arses, don’t we? I suppose the question is did the training contain any instruction that could reasonably be expected to have prevented the accident from happening? I do think it’s a reasonable expectation for staff to do whatever training they’re asked (twice, in this case) to do, however dull and arbitrary. I also think it’s a reasonable expectation for the company to make sure it’s been done before letting them do the relevant kinds of work. But it sounds like humphing furniture isn’t in the job description anyway, so if the lad was told to do it by a senior colleague then I’d think the company needs to accept the Nuremberg defence on this one?

SirBasil · 27/09/2025 20:03

He should have done the training.

He should join a union

Skybluepinky · 27/09/2025 20:02

So he could be sacked for not following company procedures!
stupid to kick up a fuss when he is in the wrong.

Angeldelight50 · 27/09/2025 20:02

Would posters have a different opinion if he had flipped through 10 slides on an e-module?

Very likely he would have still pulled a muscle, seems harsh for the boss to refuse sick pay for an injury at work.

roseymoira · 27/09/2025 20:01

As another poster said, I despair of this generation. Take some responsibility and complete the training that’s been sent twice.

He will be entitled to SSP

LadyoftheMercians · 27/09/2025 19:57

Iamanicelady · 27/09/2025 19:37

I get that but how can they send out training 18 months ago and have no one check up on it. Where I work, we get told when to do our training and what training it is. It’s not my responsibility to make sure my training is up to date, it’s my companies

Of course it's your responsibility - youre an adult

MissMoneyFairy · 27/09/2025 19:56

Realistically what light duties could he do, what other duties would he be able to do. He can contact acas for advice.

Iamanicelady · 27/09/2025 19:54

MissMoneyFairy · 27/09/2025 19:43

Why didn't he do the mandatory training, it's irrelevant that his colleagues haven't done it. Who told him to move the furniture? Is there a clause in his contract or training manual about not completing training. Can he claim ssp, how long has he worked there. It sounds like both are equally at fault.

He’s worked there for about 3 years. He does flooring. The rooms they are putting the floors down in have to be cleared of furniture by the owner so the team can go in and get the job done. On this occasion, they got to the house and there was an elderly lady who hadn’t moved anything out. The boss charged her a fee to move the furniture and got the team to do it. Moving furniture is not in his contract and they don’t usually have to do it (which is probably why they weren’t bothered that the manual handling course was done) but the guy in charge told them to do it and he didn’t question it because of his additional needs. It was moving this heavy antique furniture that caused him to hurt his back

OP posts:
cinnamonbunlover · 27/09/2025 19:52

He should be paid SSP after three days - they cannot not pay that. He needs a Fit note to be signed off.

Soontobe60 · 27/09/2025 19:51

Iamanicelady · 27/09/2025 19:37

I get that but how can they send out training 18 months ago and have no one check up on it. Where I work, we get told when to do our training and what training it is. It’s not my responsibility to make sure my training is up to date, it’s my companies

You’re wrong there - it is BOTH you and your employers’ responsibility.

Sunflower459 · 27/09/2025 19:51

I’m surprised he was allowed to proceed with the work without having completed the training, to be honest. My partner works a safety critical role and if his certifications are allowed to time out he’s not allowed to work on site until they’re renewed. No exceptions, very simple, everyone knows where they stand. (It’s possible his industry is stricter than in OP’s example, of course.) If I were the employer I would want documentary evidence that safety training had been completed to avoid precisely this situation where I’m accused of being at fault for the misadventure of an untrained staff member. I think there’s blame on both sides here.

Angeldelight50 · 27/09/2025 19:51

I feel like you’re maybe making a few too many excuses for him, but ultimately I think you’re right. If manual handling is part of his job, it’s the company’s responsibility to make sure the training is up to date. It’s not just a tickbox exercise where you fire out an e-module and leave it at that.

That said, wouldn’t it ultimately come down to what his contract says about sick pay?

cinnamonbunlover · 27/09/2025 19:51

I think if he pursues it he will be out of a job. bluntly. Is that what he wants? Is that in his best interest?
do you want to go down the disability discrimination route or an amicable agreement and a reasonable adjustment moving forward.

its a tough gig on you back and knees- a carpet fitter would reasonable expect to have a stiff back and a bad knees after a few years?

the question is what do you want? As sense of justice and what you perceive as the moral high ground or a reasonable compromise?

MissMoneyFairy · 27/09/2025 19:47

Iamanicelady · 27/09/2025 19:43

An adult with additional needs. His mum had to go to the interview with him and made it clear he wasn’t good with stuff like that. To put it bluntly, he’s good with his hands, not his brain

Did his mum know he didn't attend training

Iamanicelady · 27/09/2025 19:45

steff13 · 27/09/2025 19:41

Really? I am sent training at work with a due date, and it's my responsibility to get it done by the due date.

And my work is exactly the same. But this was sent out and never followed up on. In fact, he never even saw the training until the other day as he found it in a different section of his training

OP posts:
MissMoneyFairy · 27/09/2025 19:43

Why didn't he do the mandatory training, it's irrelevant that his colleagues haven't done it. Who told him to move the furniture? Is there a clause in his contract or training manual about not completing training. Can he claim ssp, how long has he worked there. It sounds like both are equally at fault.

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