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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To be upset that DPs work are demanding he goes in tonight when he's busy having surgery for an accident that happened at work last night, thanks to them?

65 replies

mumblesmummy · 22/04/2008 15:53

They sent him off to do a job that isn't his to do, and gave him no tools other than a pen knife. This resulted in a slip which has severed tendons in his hand and so he's been sent off to a hospital 80 miles away whilst I am 8 and a half months pregnant, and my nana is dying in intensive care.

Then they have been texting him whilst he is ijn hospital awaiting surgery, and demanded that he return to work tonight. They have turned nasty when he said this is not possible.

How stupid can these employers get? He's probably got a massive claim against them.

OP posts:
expatinscotland · 22/04/2008 15:55

Are they insane?

Has he told the doctors how he's being harrassed?

I'd save every one of those texts.

RubySlippers · 22/04/2008 15:55

sounds like a massive breach of health and safety on many levels

he can't return to work if he is in hospital

it sounds like you are also having a very hard time ATM

anorak · 22/04/2008 15:56

Yes I agree with expat of course YANBU. Save texts, make notes of any other contact and get a solicitor.

dizzydixies · 22/04/2008 15:56

straight to CAB and lawyers office with you please.

no need at all, they should be grovelling all things considered

idiots

agree with expat - keep messages as proof and make sure he doesn't rise to the bait

sorry about your gran and hope you're not getting too stressed by all this

expatinscotland · 22/04/2008 15:56

Save all those texts!

And tell his consultant about his problems.

They should know asap.

If he's part of a union, call up his representative.

Now.

Mitchell81 · 22/04/2008 15:58

Sorry to hear this mumblesmummy, He definetley should not be returning to work.
Hope you are ok.

SquonkTheBeerGuru · 22/04/2008 15:58

um... YANBU

to say the least.

Do the Health and Safety Executive know about his acccident?

Legally, they have to inform the Environmental Health dept at your local council of any accident that requires more than three days off work (which I suspect your dp's will)

It sounds like he very well may have a legitimate claim against his employers. Have you contacted a solicitor?

mumblesmummy · 22/04/2008 15:59

Thanks all, he's said that he's saved the texts and he hasn't had a go at them. Which I'm surprised about because he hates the job, so good on him. Just wish they'd realise they're being ridiculous. Good to know we have a leg to stand on legally.

OP posts:
ninedragons · 22/04/2008 15:59

If he's not in a union, you may have some form of legal cover under your home insurance.

PeachyHas4BoysAndLovesIt · 22/04/2008 16:01

Well Squonk that explains why they want him back immediately doesn't it? To avoid the HSE.

It's patently ridiculous texting him to go back in, if you weren't so bvery pregnant I would suggest turning the damned thing off but he's going to want to be in contact no doubt.

mumblesmummy · 22/04/2008 16:03

Squonk- the other manager gave him an accident form to fill out so I assume that's what that's for. Not been able to contact a solicitor has it happened at 7 last night, they made him carry on working til 9, then he went to A&E, came in at 1.30, and had to go to the other hospital first thing this morning. What a mare. Think we'll have to seek legal advice the second he's home.

OP posts:
SquonkTheBeerGuru · 22/04/2008 16:06

don't assume that that is what the accident form is for.

Legally, they have to fill out a form (or an entry in an accident book) for every accident.

they don't legally have to report every accident.

Lots of employers don't report a reportable accident. Sometimes through ignorance because they are not aware that they are required to, but sometimes because they are worried that they will get prosecuted.

If the accident was entirely their fault, let's have a guess what they are likely to do, shall we

icecream42 · 22/04/2008 16:08

I think that you should contact the Health and Safety Executive who will be able to advise you. They do have a website but I'm not good enought to do links. Perhaps someone else would be kind enough to add it.

SquonkTheBeerGuru · 22/04/2008 16:10

HSE website

icecream - come and find me on another thread and I'll teach you how to do links.... they are dead easy

WigWamBam · 22/04/2008 16:11

They made him carry on working for two hours with severed tendons?

CAB. As soon as you can. Ring them now.

gscrym · 22/04/2008 16:11

If he has to attend hospital as a result of an accident that has to be reported. If the stay in hospital exceeds 24hrs (I think), the HSE have to be informed. If his work continue to harass him, you can make an anonymous call the the HSE and inform them of what's going on.

Definately call the union if he's in one. If there isn't a rep on site, contact the area office and they would be able to supply someone. If he's not in a union then he needs to find someone who can represent him at any forthcoming enquiries.

One thing he needs to bear in mind (I know it's difficult now), he needs to write down exactly what happened as a statement. If the HSE do get involved they also have the right to interview under caution.

One thing he should definately have taken into account is that he was doing a job that wasn't his and he may not have had adequate training for. If this was done under duress, it's another defense he would have.

I've been involved in a few enquiries at work,, one where I had been hurt. If his work is getting nasty, all the texts should be shown to the CAB/solicitor. I'm sure there may be legislation in place about contact while off sick. Also get a line from his doctor to cover him.

God I do go on don't I!

Pavlovthecat · 22/04/2008 16:18

Oh dear sweet it sounds awful, not what you, or he needs right now

Get legal advice ASAP. I agree.

How dare they make an injured man continue to work after he has hurt himself [disgusted face]

VictorianSqualor · 22/04/2008 16:20

MM, wasnt it you that was posting about sexual harrassment your DH was recieving from this place of work too?

ImightbeLulumama · 22/04/2008 16:20

agree with everyone !! if he did not have the right tools or safety equipment for the job,then his employers will most likely be liable for something

he needs to get legal advice, and not get bullied into going back to work

and save and forward all those texts so you have them too

mumblesmummy · 22/04/2008 17:12

Fantastic advice from everyone. Thank you so much.

He's not in the union as he only started working there last month, but we'll sort something out. At least I'vve got an idea of what steps next now.

gscrym- lol you don't go on, I'm glad you let me know the ins and outs.

Vic- Yep, it's the same woman who was sexually harrassing him who is now txting him saying 'I don't care if you're in hospital, you have to be in work tonight.' I wish he'd never started the stupid job.

I think we best visit CAB first of all to check out what's what, and then get the ball rolling.

yes, they made him work for two and a half hours after the injury just because they'd stuck some crappy bandage on it. He seemed drunk just because it had knocked him silly and he was all shaky. I was so mad about it.

OP posts:
PortAndLemon · 22/04/2008 17:27

Peachy/Squonk have a good point -- chances are that they want him back in work within three days so that they don't have to report the accident to the HSE under RIDDOR.

Ripeberry · 22/04/2008 17:31

Gpd! what kind of job is he doing? is it building work of some kind? His health is much more important, instead of bullying him she should go out and do the job herself if it's so urgent.
Hope your DH sues them!

smallwhitecat · 22/04/2008 17:37

This reply has been deleted

Message withdrawn

clam · 22/04/2008 17:43

You could always call the silly mare who's harassing him (again, but in a different form) and say that, clearly he won't be in because of the injury he sustained at work and drop a few hints about probably needing a report from them about the circumstances of the accident at some point. He must not go in tonight because, apart from anything else, that then gives them cause to claim later that he couldn't have been that badly hurt if he was able to come to work the next night. Be strong..... and hugs re: your nan!

PeachyHas4BoysAndLovesIt · 22/04/2008 18:07

I would contact hse yourself too- i think generally they're good but there wasan incident at dh's work recently where a chap was crushed under a forklift, and hse failed to regster a complete lack of first aiders on site at the time

make the breaches clear to them