Work-related injury
Discussion
Sorry for the long post, and this does not relate to me but to somebody I know.
Person A works for the NHS in a patient-facing clinical role. She is professionally qualified and a registered health care provider with 3 years studying and 5 years employment.
In December she suffered an injury whilst moving a patient. This accident was caused by a colleague of Person A who failed to follow handling guidelines and dropped the patient. Person A refused to let the patient fall (they were halfway down a flight of stairs with a restrained patient) and suffered injury to her neck, lower back, shoulders and knee. Person A submitted an incident report straight away, and then went sick.
The Trust did not accept responsibility for the injury, and no investigation into the incident was launched. Person A’s colleague is still working in her role with no consequences of her (in)action.
Person A has had a single telephone consultation with Occupational Health, and then was referred onto a Trust approved Physiotherapist. The physio has had a total of 10 sessions with Person A, and has now discharged her stating that there is nothing further he can do for her back pain at present.
During the sick period Person A’s direct line manager has also had repeated periods of sick leave and has not passed on the details of Person A to other line managers meaning that when Person A has contacted her management about her ongoing condition she has been told to wait till her line manager returns. Person A has had 2 informal meetings since December, and no formal proceedings or meetings have taken place. Yesterday, she had her second informal meeting, when she was informed that HR will now become involved. Today she has had a phone call stating that she is now on half pay (effective immediately), and she is being investigated under the Trusts capability policy.
There have been no offers of alternative employment, nor any formal contact from the Trust to Person A. Nor has there been any notice about the start of half pay.
Person A feels completely let down by her employers, and is understandably very worried about the sudden loss of income.
She has contacted her union for help, and is also waiting for a call back from an employment solicitor. She is not chasing compensation, nor vengeance. But she feels that it would be unfair to left unemployed and without any income due to someone elses inability to effectively do their job.
The ideal solution would be for Person A to be offered alternative employment within the trust that maintains the same level of pay, and overtime, without leaving her with greater expenditure (eg increased travel costs). However, judging by the Trusts actions so far; and it’s history of discrimination and favouritism this does not feel likely.
Other than the union and the solicitor; is there any other avenues that Person A can follow.
Thanks
Person A works for the NHS in a patient-facing clinical role. She is professionally qualified and a registered health care provider with 3 years studying and 5 years employment.
In December she suffered an injury whilst moving a patient. This accident was caused by a colleague of Person A who failed to follow handling guidelines and dropped the patient. Person A refused to let the patient fall (they were halfway down a flight of stairs with a restrained patient) and suffered injury to her neck, lower back, shoulders and knee. Person A submitted an incident report straight away, and then went sick.
The Trust did not accept responsibility for the injury, and no investigation into the incident was launched. Person A’s colleague is still working in her role with no consequences of her (in)action.
Person A has had a single telephone consultation with Occupational Health, and then was referred onto a Trust approved Physiotherapist. The physio has had a total of 10 sessions with Person A, and has now discharged her stating that there is nothing further he can do for her back pain at present.
During the sick period Person A’s direct line manager has also had repeated periods of sick leave and has not passed on the details of Person A to other line managers meaning that when Person A has contacted her management about her ongoing condition she has been told to wait till her line manager returns. Person A has had 2 informal meetings since December, and no formal proceedings or meetings have taken place. Yesterday, she had her second informal meeting, when she was informed that HR will now become involved. Today she has had a phone call stating that she is now on half pay (effective immediately), and she is being investigated under the Trusts capability policy.
There have been no offers of alternative employment, nor any formal contact from the Trust to Person A. Nor has there been any notice about the start of half pay.
Person A feels completely let down by her employers, and is understandably very worried about the sudden loss of income.
She has contacted her union for help, and is also waiting for a call back from an employment solicitor. She is not chasing compensation, nor vengeance. But she feels that it would be unfair to left unemployed and without any income due to someone elses inability to effectively do their job.
The ideal solution would be for Person A to be offered alternative employment within the trust that maintains the same level of pay, and overtime, without leaving her with greater expenditure (eg increased travel costs). However, judging by the Trusts actions so far; and it’s history of discrimination and favouritism this does not feel likely.
Other than the union and the solicitor; is there any other avenues that Person A can follow.
Thanks
Edited by Chicken on Wednesday 5th March 16:12
Chicken said:
...Person A feels completely let down by her employers, and is understandably very worried about the sudden loss of income.
She has contacted her union for help, and is also waiting for a call back from an employment solicitor. She is not chasing compensation, nor vengeance. But she feels that it would be unfair to left unemployed and without any income due to someone elses inability to effectively do their job.
The ideal solution would be for Person A to be offered alternative employment within the trust that maintains the same level of pay, and overtime, without leaving her with greater expenditure (eg increased travel costs). However, judging by the Trusts actions so far; and it’s history of discrimination and favouritism this does not feel likely...
An employer can fairly dismiss an employee for ill health capability notwithstanding that the employee was injured at work, even if the injury was caused by the employer's negligence.She has contacted her union for help, and is also waiting for a call back from an employment solicitor. She is not chasing compensation, nor vengeance. But she feels that it would be unfair to left unemployed and without any income due to someone elses inability to effectively do their job.
The ideal solution would be for Person A to be offered alternative employment within the trust that maintains the same level of pay, and overtime, without leaving her with greater expenditure (eg increased travel costs). However, judging by the Trusts actions so far; and it’s history of discrimination and favouritism this does not feel likely...
If the dismissal is fair, a PI claim is the appropriate course of action if she seeks compensation for loss of income assuming, of course, that a claim in negligence has merit.
The fairness of capability dismissals is largely about a fair procedure. The employer is usually expected to consider the possibility of alternative employment.
Is Person A aware of the NHS Injuries Scheme for NHS employees who suffer a work related injury? Has she applied? Has she been turned down? If she has been turned down and is not satisfied she can ask The Pensions Advisory Service (TPAS) to investigate the matter...she may need to make a formal complaint if she has not already done so.
If TPAS feel there is a matter to investigate and after investigation the result is not acceptable to Person A, she can take her case to the office of the Pensions Ombudsman to investigate. The PO's final decision has the force of law so if he finds in Person A's favour she will get the benefit from the NHS Injuries Scheme.
There's not enough relevant information in the OP to know whether or not the aforementioned actions will be successful.
The services of TPAS and the PO are both free.
Further TPAS information can be obtained here:
www.pensionsadvisoryservice.org.uk
Their helpline number is 0845 601 2923.
R
If TPAS feel there is a matter to investigate and after investigation the result is not acceptable to Person A, she can take her case to the office of the Pensions Ombudsman to investigate. The PO's final decision has the force of law so if he finds in Person A's favour she will get the benefit from the NHS Injuries Scheme.
There's not enough relevant information in the OP to know whether or not the aforementioned actions will be successful.
The services of TPAS and the PO are both free.
Further TPAS information can be obtained here:
www.pensionsadvisoryservice.org.uk
Their helpline number is 0845 601 2923.
R
Chicken said:
Sorry for the long post, and this does not relate to me but to somebody I know.
Person A works for the NHS in a patient-facing clinical role. She is professionally qualified and a registered health care provider with 3 years studying and 5 years employment.
the number of years of service is relevant for this posting although the professional status is less so ... Person A works for the NHS in a patient-facing clinical role. She is professionally qualified and a registered health care provider with 3 years studying and 5 years employment.
Chicken said:
In December she suffered an injury whilst moving a patient. This accident was caused by a colleague of Person A who failed to follow handling guidelines and dropped the patient. Person A refused to let the patient fall (they were halfway down a flight of stairs with a restrained patient) and suffered injury to her neck, lower back, shoulders and knee. Person A submitted an incident report straight away, and then went sick.
good on person A to submit the incident report is the colleague also a registered professional or are they in an assistant grade ?
Chicken said:
The Trust did not accept responsibility for the injury,
they won;t until forced to do so by the courts Chicken said:
and no investigation into the incident was launched.
do you have proof of this ? did person A complete all relevant parts of the incident report?Chicken said:
Person A’s colleague is still working in her role with no consequences of her (in)action.
unless there is a complaint made to the trust about this individual this is likely to be the case however if the colleague is professionally registered and regualted a referral to the regulator could trigger their suspension by the employer - although the regualtors often request that a complaint be made to an employer as well as to them.
Chicken said:
Person A has had a single telephone consultation with Occupational Health, and then was referred onto a Trust approved Physiotherapist. The physio has had a total of 10 sessions with Person A, and has now discharged her stating that there is nothing further he can do for her back pain at present.
has person A attended her own general practitioner since this ( obviously they've attended their GP at some point toget get a 'fit note' ... )Chicken said:
During the sick period Person A’s direct line manager has also had repeated periods of sick leave and has not passed on the details of Person A to other line managers meaning that when Person A has contacted her management about her ongoing condition she has been told to wait till her line manager returns.
which manager did she contact ? a manager junior to the line Manager ( as Department Heads ( on 7 or 8a) are the de Jure line Manager in many cases even though there there band 6 or 7 subordinate managers ...Chicken said:
Person A has had 2 informal meetings since December, and no formal proceedings or meetings have taken place. Yesterday, she had her second informal meeting, when she was informed that HR will now become involved. Today she has had a phone call stating that she is now on half pay (effective immediately),
this is a purely administrative thing , December to March is 4 months - i'm not sure at which point 6 months full pay 6 months half pay sick pay kicks in rather than 4+4 it might be 5 completed years of service ...Chicken said:
and she is being investigated under the Trusts capability policy.
again, entirely normal - prolonged absence through illness or injury comes under the capability process Chicken said:
There have been no offers of alternative employment,
that will only come once the capability process has begun Chicken said:
nor any formal contact from the Trust to Person A.
sometimes you have to push to get things in writing - it is common failing of Managers in the NHS especially some Nurse or AHP managers to not commit things to paper despite running their juniors for failings in documentation ...Chicken said:
Nor has there been any notice about the start of half pay.
a contractural term which should be all ready known and understood Chicken said:
Person A feels completely let down by her employers, and is understandably very worried about the sudden loss of income.
She has contacted her union for help, and is also waiting for a call back from an employment solicitor. She is not chasing compensation, nor vengeance. But she feels that it would be unfair to left unemployed and without any income due to someone elses inability to effectively do their job.
unfortuantely without a complaint aobut the other person;s conduct nothing will be done ( unless the colleague had previously been indenitfed by the queen bee as someone to be targeted )She has contacted her union for help, and is also waiting for a call back from an employment solicitor. She is not chasing compensation, nor vengeance. But she feels that it would be unfair to left unemployed and without any income due to someone elses inability to effectively do their job.
Chicken said:
The ideal solution would be for Person A to be offered alternative employment within the trust that maintains the same level of pay,
which is part of the options to be considered during formal capability proceedings Chicken said:
and overtime, without leaving her with greater expenditure (eg increased travel costs).
vain hopes Chicken said:
However, judging by the Trusts actions so far; and it’s history of discrimination and favouritism this does not feel likely.
par for the course - hence my comment aobut the thoughts of the queen bee - sadly most none medical health professional groups have not progressed beyond the schoolyard mentality ... Chicken said:
Other than the union and the solicitor; is there any other avenues that Person A can follow.
Thanks
issue a claim against the trust and the individual for the personal injury - on the advice of the union's solicitors?Thanks
Edited by Chicken on Wednesday 5th March 16:12
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