You will find that your rights are not actually as extensive as you may believe. First of all you are not protected against unfair dismissal because you have less than 2 years’ service, which means that you could be dismissed for more or less any reason and without a fair procedure. So they could go ahead with the termination of your employment, even if the reason you could not perform your duties was due to an injury. As you had no contract in place and had worked there for less than a week you would not be due a notice period by law and the dismissal could be done with immediate effect.
As far as the duty of care is concerned, employers have a duty of care to their employees, which means that they should take all steps which are reasonably possible to ensure their health, safety and wellbeing. However, you need to distinguish this from you turning up to work unfit for work, for whatever reason and not declaring yourself medically unfit and signing yourself off. You cannot realistically blame the employer and say they have breached their duty if you knew you were unwell and voluntarily turned up to work and continued working, without declaring yourself unfit for work and going off sick as you should have.
Also the employer’s responsibilities only apply for as long as there is an employment relationship, once that has been terminated so does the duty so you cannot hold them responsible for looking after you after they have terminated your employment and because you do not have means to look after yourself. This is really a moral argument, not a legal one. So yes, I completely agree that they are failing from a moral point of view, but not from a legal one. So when you mention prosecution this is not going to happen here – there is nothing criminal on their part that would warrant prosecution – legally they have not acted incorrectly. From a legal perspective, you are no longer their problem because you are not their employee and even though you have ended up in this situation because you decided to work for them, it does not make them legally responsible unfortunately.
So you can try and appeal to their human side and ask for compassion in what is obviously a difficult time for you, but if they refuse to help then it would be for you to find other means to finance your stay there, such as by asking family or friends, trying to check into hospital or as a last resort – asking for consular help.
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