Any employment lawyers in
Discussion
superlightr said:
did you get your gas appliance checked out by a corgi engineer?
Agreed.
Unfortunately there are this type of people out there. Cant be bothered to work and then threatening to sue when even if they lose you will pick up the cost unless they are 'paid off'.
As an employer myself I find the situation disgusting.
Co-incidentally it seems she is claiming an illness with very vague symptoms which could be caused by a huge number of other causes including SAD or depression. However of course, the 'negligence' legal action with regard to CO poisoning would be much more profitable.
If your appliances are Corgi checked and you have followed procedures then proving negligence would be very difficult and expensive. Things to think about:
Were your appliances checked?
Do you have Carbon Monoxide detectors?
Have you had your appliances checked *now* to see if they are at fault? - If they are not she can sue all she wants, there is no proof.
Has anyone else reported symptoms?
If you can answer yes to at least some of these questions then any legal action against you would be pointless as it would fail.
My gut feeling is that she is trying it on.
Edited to add: If she has been off sick since the start of the year, how can it be Carbon Monoxide poisoning, unless she is poisoning herself at home!?
The symptoms last hours, certainly not weeks or months!!! Even if it *were* poisoning as accused she would have been feeling right as rain after a couple of days and returned to work with no symptoms!
She is trying to play you for a fool, I am afraid! Carbon Monoxide poisoning can be proven with a simple blood test - I am guessing she has not had that!?
Edited by justinp1 on Friday 2nd March 14:20
Edited by justinp1 on Friday 2nd March 14:23
justinp1 - this issued raised its head from the OP a month or so ago.
I agree with you. I think she is trying it on. But as per some wise person and dashingly handsom who said some weeks ago to get the gas appliances corgi checked....... it helps cover your back.
I would ask her to provide a toxicologist report from her proving she has had co2 poisoning and also her written evidience that there is a link to the place of work and then her evidence that there is a link to her and that she has rules out all other possible causes and had her own domestic gas appliance tested and checked with accompanying reports. (in triplicate) and then evidence of who this has affected her and a doctors report on the short and long term results.
I agree with you. I think she is trying it on. But as per some wise person and dashingly handsom who said some weeks ago to get the gas appliances corgi checked....... it helps cover your back.
I would ask her to provide a toxicologist report from her proving she has had co2 poisoning and also her written evidience that there is a link to the place of work and then her evidence that there is a link to her and that she has rules out all other possible causes and had her own domestic gas appliance tested and checked with accompanying reports. (in triplicate) and then evidence of who this has affected her and a doctors report on the short and long term results.
Edited by superlightr on Friday 2nd March 16:49
superlightr said:
justinp1 - this issued raised its head from the OP a month or so ago.
I agree with you. I think she is trying it on. But as per some wise person and dashingly handsom who said some weeks ago to get the gas appliances corgi checked....... it helps cover your back.
I would ask her to provide a toxicologist report from her proving she has had co2 poisoning and also her written evidience that there is a link to the place of work and then her evidence that there is a link to her and that she has rules out all other possible causes and had her own domestic gas appliance tested and checked with accompanying reports. (in triplicate) and then evidence of who this has affected her and a doctors report on the short and long term results.
I agree with you. I think she is trying it on. But as per some wise person and dashingly handsom who said some weeks ago to get the gas appliances corgi checked....... it helps cover your back.
I would ask her to provide a toxicologist report from her proving she has had co2 poisoning and also her written evidience that there is a link to the place of work and then her evidence that there is a link to her and that she has rules out all other possible causes and had her own domestic gas appliance tested and checked with accompanying reports. (in triplicate) and then evidence of who this has affected her and a doctors report on the short and long term results.
Edited by superlightr on Friday 2nd March 16:49
Agreed.
Although I am pretty sure this is a big bluff.
I wouldnt even give the clue to the ex-employee to get medical reports and their own devices at home tested. She will have to prove her case in court and is so sketchy I dont think she would even get a solicitor to take the case. As you say, to prove her case she will have to prove her symptoms with a doctors report, prove the condition with a toxicology report and then prove the cause was from the OP's business.
It just wont happen. My way forward would be basic arse-covering procedures such as testing the devices. If they are fine then I would call her bluff. It will disappear.
Gas heater removed, serviced, tested and certified throughout January.
Three different carbon monoxide detectors installer, one which exceed Workplace Regulations (you can tell how much time i have wasted *cough* research I have done on this)
She has had blood tests, but both where over 3 days after she had been in the office and CO just does not stay in the body that long.
Anny hoo, Didn't want to get into all this, I was more after the resignation/pay me off advice
Three different carbon monoxide detectors installer, one which exceed Workplace Regulations (you can tell how much time i have wasted *cough* research I have done on this)
She has had blood tests, but both where over 3 days after she had been in the office and CO just does not stay in the body that long.
Anny hoo, Didn't want to get into all this, I was more after the resignation/pay me off advice
VEX said:
Gas heater removed, serviced, tested and certified throughout January.
Three different carbon monoxide detectors installer, one which exceed Workplace Regulations (you can tell how much time i have wasted *cough* research I have done on this)
She has had blood tests, but both where over 3 days after she had been in the office and CO just does not stay in the body that long.
Anny hoo, Didn't want to get into all this, I was more after the resignation/pay me off advice
Three different carbon monoxide detectors installer, one which exceed Workplace Regulations (you can tell how much time i have wasted *cough* research I have done on this)
She has had blood tests, but both where over 3 days after she had been in the office and CO just does not stay in the body that long.
Anny hoo, Didn't want to get into all this, I was more after the resignation/pay me off advice
Fair enough.
As far as I can see your arse is covered there is no evidence whatsoever.
Thus the only reason you would pay her off would be that it is easier to do that that waste any more time on her.
However be wary of going down that route. You have not mentioned a figure, and she probably hasnt yet as she is 'fishing' for you to take the bait. She is hoping that you will begin negotiations, she will think she has been proved right and then increase her hopeful 5 figure amount to a six figure one for pain and suffering, loss of earnings, and anything else she can spend her time sitting at home thinking of.
Of course the choice is yours. If it were me, I would get her to put her case of what she wants in writing. Anything which sounds like 'pay me off' looks like that is her motive. Once you have it in writing that only helps your case. You then reply with reporting the checks you have made and tell her there is no case and aks her how long she is intending to spend away from work.
Realistically she isnt coming back, and is probably already looking for another job. She wants to grab your money, leave with zero notice and start a new job. It has always been my policy to treat the bad apples quickly before the bad gets to the rest - its not good for anyone. There is a case under certain circumstances whereby if someone is constantly sick they by definition cannot complete their job, and thus you can get rid. That would be one to cover your behind very carefully on and get an employment lawyers advice on the *exact* procedure to follow.
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