What would you do in this situation

[moolady1977]

So back in may I had a fall at work I came down a full flight of stairs , the fire alarm was going off and I'd been to check and the second time it happened I was coming down the stairs my manager rang me and next thing I'm at the bottom of the stairs with people looking at me . The paramedics thought I'd broken my hip pelvis and foot but I was lucky and just had lots of bruising and grade 3 sprain to my foot , well after 5 weeks I went back as my manager kept ringing me saying they were short staffed . I still didn't get proper training and my contract didn't get changed from 8 to 32 hours . So maybe 5 weeks ago my eldest came to live with me due to his health issues which I rang work and explained that this was serious and I needed 2 days off to get things sorted cue my manager screaming at me down the phone we were short staffed , he did give me the days but I then started to feel so anxious about being round my manager and felt physically sick at the thought of going back into work I was crying and shaking so I rang the doctors who gave me some time off work, now I'm due to go back this coming week but I can already feel myself sinking back into a nervous wreck and know that the contract he promised me has been given to someone else and that he will make things difficult for me until I quit . What I'm really asking is is would you get another note from the doctor and keep getting them until you find another job or would you just go into work and stand your ground , my oh thinks I should carry on with the doctor's notes but that I should also put in a claim against the company for the fall as it was the manager who was on the phone screaming at me when I came down the stairs . I just wish I could go back to the beginning of may and not take the job

How awful for you, your manager sounds very j professional.

Is this a big company with an HR department you could go to? Also do you think you’ll get another job easily? Especially if you need to get a reference from this manager?

Get signed off sick. A job is a job. Will you get sick pay? Will you find another job easily? If no and yes then I'd be tempted to hand my notice in tbh.

If you want to make a claim about the fall you need to do it now but I’m not sure they were negligent. You probably shouldn’t have been on your phone when evacuating as you are meant to leave everything behind. This is a separate issue from your stress and only you know if you can go back but I think you need to resign ASAP. It is taking the piss a bit, how long will it take you to find a new job? How much dick pay do you receive?

*sick pay (though manager does sound like a dick).

@superram I wasn't on my phone it is a works phone which we have to keep on us at all times , I was also checking the point where the fire alarm had gone off nobody at that point was being evacuated as the upstairs of the building was empty and as it turned out it was a fire alarm fault and switched itself off as I was laid on the floor . The stress has come about by how the manager has spoke and treat me since the accident . I don't think I want to put a claim in its my oh who mentioned it because I was saying I didn't know if I could stand having to go back to have the same treatment from my manager .

They can’t make you come back early when you are signed off as sick.
If he has reneged on a contract and is treating you different that can lead to coercive/constructive dismissal if you leave.

Your manager sounds like a dick

Your manager sounds like a proper dick and I'd be putting in a complaint along with another sick note.

However, 5 weeks off for bruises and a sprain ?

Can you go for jobs whilst on the sick from your current job? I wouldn’t imagine it looks good to the prospective employer that your off with stress, they may worry how you would cope there and if the pattern will continue.

Are you in uk? You were not forced to answer the phone while going downstairs, it was an unfortunate accident while you were distracted. How much sick pay are you entitled to? Have you recovered from the injuries?

Making a claim would'nt really be the way to go OP. Everyone knows how to walk down a stairs and what to do and what NOT to do. You are ultimately responsible for your own safety.
You will have to be completely sure that you were definitely
Wearing appropriate footwear,
Holding the handrails
Walking not running
Not on the phone
Amongst other measures...Before you even entertain the idea of claiming

If you really don't want to go back then just quit and look for other jobs.

Hi OP

Just trying to work out the timeline of events from your post.

The last line of your first post says you "wish you could go back to the beginning of May and not take the job." Was that May this year, and you had the accident the same month you joined?

You were then off for 5 weeks. Were you expecting an increase in your hours based on your contract terms? Was the increase dependent on completing a number of hours first, or successfully completing a probation period?

Assuming the accident was mid-May, 5 weeks later would be the end of June. You then said you needed to ask for time off approx 5 weeks ago, which was early July.

How long were you back at work before you requested time off to help your eldest with their own health issues? Again your employer could be using this as a reason not to increase your contracted hours.

No manager should make you feel sick or anxious. They clearly have handled this badly from your description, but I don't think they have been unreasonable in not increasing your contracted hours if you have been unable to work your existing hours.

If you did start the job in May, you have very few employment rights. Unless you can prove your manager knew you were on the stairs and instructed you to answer the call, there is no claim; your employer will just say it was your choice to answer the phone.

I would think that if you keep submitting sick notes, they will simply terminate your contract with the minimum amount of notice and hire someone else. I suggest finding another job ASAP.

I hope it works out for you.

That's a lot of time to take off. I'm not surprised they were expecting you back sooner.

@goldierocks I have been there since 2019 I was changing jobs within the company , the accident happened on the 7th of may ,when I went back after the accident I was still in a walking boot but covered extra shifts and went in early and stayed late the job was taking over from someone who left during furlough I didn't have to complete any hours or anything we just didn't get the contract signed as my manager was running late for a meeting and said we would sign it the next day . It is 4 week not 5 I've just looked back at my diary and I have only ever had to ask for emergency time off once in the whole time I have worked for the company and again the manager screamed and shouted down the phone

@PheasantsNest can I ask what makes you think 5 weeks after a fall down a flight of stairs is a long time it took 3 weeks before I could stop using the crutches I was given

Is this a big company? Do they have suitable insurance etc in the event of a claim? Or could it potential damage the business and its workforce? Would it be a bad atmosphere to continue working there after you claim? Do you have a strong case? Have you lost a lot of income as a result of being unable to work? Do you want compensated for your pain and suffering?
In any event I hope you recover soon. It sounds very miserable. I'd probably be moving on if I were you. But think of the consequences of a claim.

[quote moolady1977]@PheasantsNest can I ask what makes you think 5 weeks after a fall down a flight of stairs is a long time it took 3 weeks before I could stop using the crutches I was given[/quote]
We can't really comment on that as it depends what your job is. 5 weeks off would be perfectly reasonable if you're on your feet all day in your job but equally there are plenty of jobs out there that you could quite easily do whilst using crutches.

In terms of the claim, to be successful in theory they need to be negligent or breaching health and safety legislation. For example not providing a safe place of work, if the stairs were badly lit or there was a trip hazard. Or they hadn't trained you e.g. expected you to carry items on the stairs which meant you couldn't see your footing. If you have ongoing issues with your injury (even related issues like stress) then you may be eligible for compensation. If you healed quickly and got sick pay and didnt incur any additional costs then you may only get a small amount. You have three years to claim from the date of the accident. You need to speak to a personal injury solicitor to advise you of your chances and likely pay out. If you were forced to stop work due to stress caused by the accident then you could claim loss of earnings but this is harder to prove. If you were doing something that you had been told not to do when you had your accident such as ignored training and signage saying 'don't run on the stairs' then any payments would be reduced for contributory negligence

5 weeks off for bruising and a sprained foot is a lot of time off.

2 periods of extended leave since May seems a lot, as is your reaction to your manager's irritation at you taking time off at short notice knowing they are short staffed. How old is your dc? If their initial issue is dealt with you could return and raise a grievance about the manager's attitude. You should also have a return to work meeting on each occasion. How is your sickness record otherwise since 2019, do you have 2+ years service already?

On 8 hours could you not just have offered to make up the time you needed to take off for dc? What is the Emergency Leave for Dependants policy?

Your manager sounds like a twat, but equally, you don't sound like a great employee I'm afraid op. Considering suing because you fell down some stairs, 5 weeks off for bruises and a sprain, 2 days off to sort out an adult child, more days off from something else - have you been fully paid for all the time you haven't been working? If it's a small company, they've essentially had to pay you double for the last few months, many can't afford to do that.

Your manager seems to do a lot of screaming.

If what you say about the manager is true then he doesn’t sound great.

But you sound like one of those employees that people eyeroll at because of how much they essentially take the piss.

5 weeks off for bruises and a sprain, more time off to deal with your adult child, and then an expectation of a newly signed contract? Sorry but you sound like a bit of a liability.

@arethereanyleftatall

Your manager sounds like a twat, but equally, you don't sound like a great employee I'm afraid op. Considering suing because you fell down some stairs, 5 weeks off for bruises and a sprain, 2 days off to sort out an adult child, more days off from something else - have you been fully paid for all the time you haven't been working? If it's a small company, they've essentially had to pay you double for the last few months, many can't afford to do that.

Agree. If it's retail or hospitality, which it sounds like, you get a lot of managers who don't like their job/working weekends and take it out on the staff, as they see them as easily replaceable. However, 2 days off to sort out an adult child isn't particularly reasonable unless you were providing support in hospital or something. If I knew I had a dick manager I'd have said something else!

Although I do agree 5 weeks off work for brusing and a sprain seems excessive, that doesn't excuse the way your manager is treating you.

If you are still anxious I would go back to see the GP and see what he says, extending your sick note if necessary.