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Jenny McKenzie
Jenny McKenzie,
Category: UK Employment Law
Satisfied Customers: 6264
Experience:  10 Years of experience in Employment Law and HR
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I signed a legal binding employment contract ,then hurt myself

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I signed a legal binding employment contract ,then hurt myself on first day at work ,employer returned med certificate ,then on friday past phoned to say they were manning down and my employment is terminated.?
Hello and welcome to Just Answer, was the accident work related?
Customer: replied 3 years ago.

Yes it happened during the course ofmy working day.


Do you consider it was the employers fault due to lack of training?
Customer: replied 3 years ago.

Yes i am iosh health & safety accredited and picked lots of holes in the process and implentation of the job being carried out,I received no pay for being off ,now company is offering 4 weeks in lieu and encouraging me 2 reapply for future vacancies.

Ok so did you raise a specific health and safety complaint regarding this accident?
Customer: replied 3 years ago.

Yes another labourer and myself drew it to site managers attention that 2 men couldnt do all that manual handling on our own ,while i was doing jobs that should have been done by site agent ,but he left site temporarily to go to another job,which through my health & safety understanding is a severe breach of his conduct.

Ok thank you. Normally with less than 2 years service you have no right to claim unfair dismissal however there are exceptions to this where a dismissal occurs as a result of a person raising a health and safety complaint as this is considered to amount to Automatic Unfair dismissal and the requirement for service does not exist.

I would suggest that you appeal against the termination of your employment on this basis and if the decision is not overturned you raise a compliant in the Employment Tribunal using the form you will find at

If you have any follow on questions please ask. If I have answered your question I would be grateful if you would give positive feedback. Thank you and all the best.
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