Having an accident at work is never a pleasant experience. It will always be stressful, and will also pose the risk of physical pain or injury. One of the most common worries is whether you can be sacked for having an accident at work. After all, being sacked after having an incident at work would, quite literally, add insult to injury.
Simply put, yes, you can be sacked for having an accident at work. However, it is usually a lot more complex than that!
For your employer to dismiss you, they must prove that the incident was solely your fault. To do this, they must go through all the appropriate avenues. Even if all of the appropriate avenues are exhausted, it can still result in an unfair dismissal.
In this blog, we’ll navigate all of the complexities of an accident at work case, ranging from the appropriate legal proceedings, to what you should do if you think you have a case, and also in what instances an accident at work may result in dismissal.
When You May Be Sacked for Having An Accident at Work
Before delving into whether you may have a case for unfair dismissal, it may be worth considering cases in which dismissal is entirely justified.
Failure To Follow Safety Training
Most workplaces (if not all) ensure employees undergo some form of safety training. If an employee does not follow these guidelines, then in extreme and rare cases this can constitute grounds for dismissal.
Gross Negligence
If the accident is due to gross negligence, where the employee shows a reckless disregard for safety protocols and procedures, then dismissal might be justified. For example, operating machinery while under the influence of drugs or alcohol would be a case of gross negligence.
Intentional Misconduct
If the accident results from intentional or malicious actions, such as tampering with safety equipment or intentionally creating hazardous conditions, then this is usually seen as justification for dismissal.
Unauthorised Activities
Engaging in activity that is unauthorised or outside the scope of the employee’s duties can often result in a sacking.
Repeated Violations
If an employee repeatedly violates company procedures and policies and those violations are serious, then this will be grounds for dismissal.
Know Your Rights
If you require time off after an accident at work, or more than four consecutive days off as a direct result of your injuries, then you have the right to either statutory or contractual sick pay. Many employers provide sick pay through an occupational scheme that exceeds the statutory minimum. However, contractual sick pay is not guaranteed and is subject to your employer’s discretion.
In the event that there is no written contract, or the employment contract omits any entitlement to sick pay, you may be entitled to statutory sick pay. This is payable by your employer at a rate of £94.25 for a period of up to 28 weeks. You can only be eligible for SSP if you earn an average of at least £118 per week. If you are not entitled to sick pay, you might be able to claim universal credit or another type of benefit which will help to replace some of the money you have lost.
Types of Legal Action
Technically speaking, there are two main types of legal action you can take if you are dismissed unfairly by your employer: either an employment tribunal or a personal injury claim.
If you have been dismissed following an accident at work, you may be able to take your employer to an employment tribunal for unfair dismissal. You can make an employment tribunal claim if your employer did not have legitimate grounds for dismissal, or if they did not follow the correct procedures when dismissing you. You only have three months from the date of the initial dismissal, so taking action quickly is of vital importance.
You can make a personal injury claim if you were injured during the workplace incident. Your claim can cover compensation for the injuries caused by the accident and any other losses which occurred as a result of your injury, including loss of income. It’s worth noting that you can make a personal injury claim regardless of whether you were dismissed, your employer was partly responsible, or if they were entirely responsible. As with any personal injury, you must act within three years of the date when you first became aware of the injuries.
If your employer’s negligence was at least in some way part of the incident, then you may be able to make both types of claims.
When Can You Claim for Unfair Dismissal?
As previously mentioned, there are certain circumstances when an accident in the workplace can be judged to be your fault. This will sometimes result in you being sacked. However, there are instances where you may be dismissed incorrectly.
Sometimes, length of service may affect how you can make your claim. In most cases, you must have worked continuously for an employer for a period of no less than two years, but there are certain circumstances where the two year rule does not apply (e.g. if you were dismissed for whistleblowing, which could be related to a serious health and safety issue). A dismissal is considered automatically unfair because you are bringing important health concerns to your employer’s attention.
If you were partly at fault but your employer also shares some responsibility (e.g. if you did not use the equipment provided to you but you were given insufficient training) then you don’t need to bear the full brunt of the blame—there are options available to you.
If both you and your employer are partly responsible for the incident, you may be able to take your employer to an employment tribunal for unfair dismissal. However, this largely depends on the circumstances of your case.
In this instance, you can also bring a personal injury claim against your employer as their negligence contributed to the incident. However, as you may have guessed, you will receive significantly less compensation than you would have done if you were not at fault at all. In court, this is known as contributory negligence. An example of this would be if the court found both parties (i.e. you and your employer) equally responsible; you would then receive 50% of the compensation you would have been entitled to if the incident was not your fault at all.
Can You Be Dismissed When on Long-Term Sick?
Unfortunately, you can still be dismissed if you are on long-term sick leave. If you are long-term sick as a result of an accident at work which is dubbed to be your fault, then you can still be dismissed.
However, if you have more than two years of continuous service for your employer, they must follow certain procedures. These include:
- Consider whether you could return to work.
- Consult with you to discuss your recovery progress and when you may be able to return to work.
- Draw on medical evidence (if appropriate).
- Ensure the appropriate paper is filed.
Regardless of whether you were dismissed while on long-term sick leave or not, you can still claim against your employer if your dismissal was unfair.
Contact Us If You Have Had An Accident at Work
If you have had an accident at work, and you either want to claim for unfair dismissal or for general compensation for injuries, then be sure to contact the Claims Partnership. We have years of experience to help you get the compensation you deserve.