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Original poster

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:
Original poster
Iamanicelady · 27/09/2025 19:43

AlphaApple · 27/09/2025 19:40

He’s not in school. He’s an employed adult and he needs to take responsibility for his own compliance with company requirements.

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

OP posts:
Ithinkitsimpressive · 27/09/2025 19:42

Just read this one to DH who has 30+ years experience as a H&S manager

his view is that it's yes and no. Yes the company should have checked he'd complied with the training requirements and stood him down until he'd done them. however as an employee he is also required to comply with what the company has asked him to do under HASAW. If he took them to tribunal he might 'win' but it would be likely that the judge would take into account his failure to do the training and his failure to refuse to move the furniture because he'd not done the training meaning any compensation would be minimal

so he could try but.....

s

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.

steff13 · 27/09/2025 19:41

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

Show quote history

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

Original poster
Iamanicelady · 27/09/2025 19:41

Pincey77 · 27/09/2025 19:37

It's poor that the company haven't insisted on the training and followed it up more diligently, but they've sent it to him twice and he's not done it. Why didn't he do it? Employers have a responsibility to safeguard employees, but employees also have to take some responsibility for themselves as well. You can't ignore training, get hurt and then blame the employer.

If you read the post, you’ll see I said her son has additional needs and struggles to communicate his thoughts. This was all talked about at his interview as his mum went with him.

He didn’t actually know he’d been sent the training. It was only found on his online training the other day but it was in a different section to where it should be so he never saw it

OP posts:
AlphaApple · 27/09/2025 19:40

He’s not in school. He’s an employed adult and he needs to take responsibility for his own compliance with company requirements.

Original poster
Iamanicelady · 27/09/2025 19:37

Springadorable · 27/09/2025 19:35

But they did try to get him to do it again? He can't just not do a compulsory part of his training (twice) and then try to blame work for not training him...

Show quote history

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

OP posts:
Pincey77 · 27/09/2025 19:37

It's poor that the company haven't insisted on the training and followed it up more diligently, but they've sent it to him twice and he's not done it. Why didn't he do it? Employers have a responsibility to safeguard employees, but employees also have to take some responsibility for themselves as well. You can't ignore training, get hurt and then blame the employer.

Springadorable · 27/09/2025 19:35

Iamanicelady · 27/09/2025 19:34

Surely that’s on them to make sure the training records are up to date? As I said in my post, he has additional needs and struggles with speaking up about things. He also struggles with things like ‘paperwork’ etc

Edited
Show quote history

But they did try to get him to do it again? He can't just not do a compulsory part of his training (twice) and then try to blame work for not training him...

Original poster
Iamanicelady · 27/09/2025 19:34

Springadorable · 27/09/2025 19:33

He's more likely to be in trouble for not doing training that they have twice signed him up to do. This is on him.

Surely that’s on them to make sure the training records are up to date? As I said in my post, he has additional needs and struggles with speaking up about things. He also struggles with things like ‘paperwork’ etc

OP posts:
TheCurious0range · 27/09/2025 19:34

Nope they told him twice to do manual handling training which indicates manual handling is part of the role. He refused moved something either badly or that was too heavy to move alone and hurt himself. Very different if he'd done the training said no I can't lift that alone and his boss told him to do it anyway.

Springadorable · 27/09/2025 19:33

He's more likely to be in trouble for not doing training that they have twice signed him up to do. This is on him.

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