Injured at work, injury effects role can they sack you?
Discussion
A brief history, my wife is a learning disabilities nurse that worked on a secure unit (NHS). During the course of her work one of the patient tried to slam a door into her she put out a hand to defend herself and broke a bone in her wrist.
It wasn't a straightforward break and ligament and nerve damage was sustained. She has had one operation and numerous scans and injections to try resolve the injury. They are talking about fusing some bones together which will reduce mobility of the wrist.
One problem she has now is a very weak wrist. Because of this she can't restrain so was temporarily transferred to a community based role. The community team is been disbanded due to NHS cuts. So she is been put back in to an in-patience role.
However this can only happen if occupational health and the consultant that has been overseeing her wrist pass her fit to restrain. We don't hold out much chance of this happening. So with 14 years service she has been told she could be dismissed on capability grounds.
Any employment solicitors can confirm this or can you recommend a solicitor to speak to.
Her union haven't been much help so far.
It wasn't a straightforward break and ligament and nerve damage was sustained. She has had one operation and numerous scans and injections to try resolve the injury. They are talking about fusing some bones together which will reduce mobility of the wrist.
One problem she has now is a very weak wrist. Because of this she can't restrain so was temporarily transferred to a community based role. The community team is been disbanded due to NHS cuts. So she is been put back in to an in-patience role.
However this can only happen if occupational health and the consultant that has been overseeing her wrist pass her fit to restrain. We don't hold out much chance of this happening. So with 14 years service she has been told she could be dismissed on capability grounds.
Any employment solicitors can confirm this or can you recommend a solicitor to speak to.
Her union haven't been much help so far.
Situations where injuries sustained in the workplace render individuals unfit to operate in their main role should be managed appropriately, and this would rarely result in dismissal. She should seek formal advice from both HR and her Union rep as soon as possible in order to understand better the policies in place and general employment law. Good luck!
Buy her a Tazer. Job done.
But seriously if she has been seriously injured at work she should be putting in a personal injury claim. Apart from pain and suffering there can be an award for loss of earnings/earning potential. So if they sack her all it will do is increase the size of her claim.
But seriously if she has been seriously injured at work she should be putting in a personal injury claim. Apart from pain and suffering there can be an award for loss of earnings/earning potential. So if they sack her all it will do is increase the size of her claim.
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