Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.
Under common law and statute an employer has a duty to take reasonable care for the health and safety of their employees, meaning providing protection against anything that may cause harm and effectively controlling any risks to injury or health that could arise in the workplace.
Unfortunately I do not see much liability on their part in these circumstances, at least not to an extent that would justify making a claim against the employer. The injury did not occur in the workplace and the employer cannot be held liable for it occurring in the first place, although I appreciate this is not what you are complaining about.
There is no legal duty on the employer to refer an employee to OH or a private doctor. That is an option but not a legal duty. The accident may have occurred whilst he was on company business but it had no links to his employment or the activities controlled by the employer. An employer could decide to refer to OH if there is a specific policy that says this must happen but in the absence of such, they are not obliged to make a reference to OH or to a private hospital.
Similarly, there is no legal duty to conduct a return to work interview. The employer has the right to choose whether such an interview is necessary or not but they are not legally required to hold them.
An accident report would not be required in these circumstances. The accident did not occur in the workplace and is not attributable to the employer.
Whilst he may have been in a taxi whilst on company duties, this is not a work-related accident and as such the employer will have limited responsibility and their liability and duties would certainly not be as stringent as if it had occurred on their premises or whilst undertaking specific work-related duties.
There is certainly no duty to refer to a UK specialist ‘as a precaution’ – they can rely on the local medical investigation as it is not the employer’s job to make a decision on whether one country’s medical care is worse than another’s – he was seen by a medical professional and that is sufficient.
Finally, in terms of policy - if an employer employs five or more people, it must have a written statement setting out its general health and safety policy with respect to its employees and organisation (a health and safety policy statement), and the arrangements for carrying out the policy. An employer also has a duty to bring the written statement to the attention of all its employees. However, failure to do so would not allow the employee to claim compensation, rather the employer could be fined by the Health & Safety Executive.
Thanks for the response Ben. It's a shame my father doesn't have a case here but I understand the reasons so thank you for the response. He does have a claim against the party that caused the accident that is currently proceeding.