Employment terminated in probation period after accident at work

[seznste2013]

Hi, In march I started a new job as support worker, for the first week I had a so called induction which was just myself of my own in a small room filling in lots of paperwork about the job and questions relating to the job which I had no experience of at all , then I had to watch a 10 minute DVD . The second week I worked there I had to follow others care workers around to who had only worked there for a few months them selves. The third week after having no handling training I was set out on my own ,
I had never done this kind of work before and I was just doing the best I could with what little knowledge I had. I did contact the manager on a couple of occasions and told her I Had never changed a colostomy bag before and I wasn't confident in doing it and she said I must learn one day and knows a better day than any!!
Also another occasion one of the clients family members called the office to say I wasn't qualified to move her disabled husband and I also agreed but the manager said I must learn as this will be my usual shift so I have to get on with it.
Orotund the 14th may my back started aching after a week of lifting the 20+ stone man with no lifting aids, a week after my back started hurting around the 18th may I was at home and my back totally went. Which left me unable to move for the waist down. It turned out to be a slipped disc.
After two weeks of taking in my sick notes I then got a letter from my employer saying my employment had been terminated, with no explanation.

I have since put in a claim as I feel I will never be able to do this kind of work again if any . My husband and I have suffered as he is also unable to work as I am in need of him daily, my children age 7, 10, 12 and 15 have a 32 year old mother that can't do nothing for them. :-(

Can any one tell me if I am fighting a loosing battle.m

 

[Newchodge]

I take it you have made a personal injury claim against your ex-employer. If not, you should see a personal injury lawyer as soon as possible.

It is possible that you nay have a disability discrimination claim if your back problem is likely to affect you for 12 months or more, however that claim would have to be lodged within 3 months of the act of discrimination. Assuming you were dismissed on or about 1 June, that means your claim has to be lodged by 31 August. I suggest that you see a no win no fee employment lawyer as soon as possible to discuss this.

Have you considered reporting your ex-employer to the Care Quality Commission as their practice appears to be completely unacceptable, both for employees and clients.

 

[seznste2013]

I take it you have made a personal injury claim against your ex-employer. If not, you should see a personal injury lawyer as soon as possible.

It is possible that you nay have a disability discrimination claim if your back problem is likely to affect you for 12 months or more, however that claim would have to be lodged within 3 months of the act of discrimination. Assuming you were dismissed on or about 1 June, that means your claim has to be lodged by 31 August. I suggest that you see a no win no fee employment lawyer as soon as possible to discuss this.

Have you considered reporting your ex-employer to the Care Quality Commission as their practice appears to be completely unacceptable, both for employees and clients.

Hi, thanks for the reply.
I was dismissed on 4th June and I started my claim within two weeks of recieveing my dismissal.
At the moment I am on all kinds of medication and yesterday had my first physiotherapy , they told me that m disc may have problems for a long time as I am still experiencing pain now. And most certainly won't be returning to work in the next 12 months as I can barely stand straight after almost 3 months of the initial disc slip.

I haven't contacted any one else regarding this just the solicitor .

Kind regards
Sarah

 

[Newchodge]

Hi, thanks for the reply.
I was dismissed on 4th June and I started my claim within two weeks of recieveing my dismissal.
At the moment I am on all kinds of medication and yesterday had my first physiotherapy , they told me that m disc may have problems for a long time as I am still experiencing pain now. And most certainly won't be returning to work in the next 12 months as I can barely stand straight after almost 3 months of the initial disc slip.

I haven't contacted any one else regarding this just the solicitor .

Kind regards
Sarah

What sort of claim is it? Personal injury or employment, as you may have both.

 

[seznste2013]

It's a personal injury claim as I only worked there for three months before try terminated my employment x:-(

 

[LawHound]

You should also speak with a specialist employment lawyer quickly as there may also be a disability discrimination claim which is separate from your personal injury claim. There are lots of no win no fee employment lawyers so get in touch with one too.