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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48165
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I am a chef. Burn my hand at work.with boiling icing

Customer Question

Hello .i am a chef. Burn my hand at work.with boiling icing sugar.on the label was saying what to use this we need to wear protective mask for face and heat protective gloves.but we don't have those equipment.so i burn my hand manager didn't feel accident book.now he actin it's only my fault and behave very rude with me.doctor say it's will be scar for life time and prescribed antibiotics.can i do claim from company and can they sucks me after it ,if my claim will be successful.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Expert:  Ben Jones replied 1 year ago.
Did you talk to anyone else at your workplace about the incident either when or after it happened?
Customer: replied 1 year ago.
I report to go manager.
Customer: replied 1 year ago.
I did report to Gm manager
Expert:  Ben Jones replied 1 year ago.
Ok, thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Customer: replied 1 year ago.
Hospital i have letter from hospital
Expert:  Ben Jones replied 1 year ago.
Ok, thank you for this information.
Expert:  Ben Jones replied 1 year ago.
Thanks for your patience. A good starting point is to look at The Health and Safety at Work Act 1974 and related statutory instruments, which impose a general duty on employers to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees. This includes a duty to undertake risk assessments and manage activities to reduce the risk of harm to workers. It also means providing any safety equipment which may be needed in the undertaking of the employees’ duties. So in your case the employer must have known or asked you to use icing sugar to be liable to protect you. Whether you can make a claim or not will depend on a number of factors. As this can get quite complex my best suggestion is to approach a personal injury solicitor in your local area and see if they can offer you a free initial consultation to discuss this with you and to see if you have a strong case to make. Many can help you with the claim on a no win no fee basis. As to whether you can get sacked for making a claim, it depends on how long you have worked there for. If you can please confirm with me then I can continue with that part. This is your basic legal position. I have more detailed advice for you in terms of the rights you have against a potential dismissal, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
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Customer: replied 1 year ago.
I work for this company from December 2014.
Customer: replied 1 year ago.
That is what i am scared they will sucks me and will try to leave without any compensation. Kitchen manager didn't even put this accident in accident book.as he say nothing wrong. For 6 days I was working after accident,but when I start to feel bit worst about my hand condition i went to hospital even my manager was try to convince me to don't go.when i comeback after from hospital and bring the letter he ask me what happen?
Customer: replied 1 year ago.
But doctor say it's will scar for life time
Expert:  Ben Jones replied 1 year ago.
Thank you very much. If you have less than 2 years’ service then you are not protected against unfair dismissal, which means that the employer can dismiss you for most things, even if you were to make a claim against them. The only protection you will have is if you can show that you had made a protected disclosure (it is also known as whistleblowing) and that the employer dismissed you as a result of this. To qualify you need to have made a protected disclosure. Any issues about health and safety, as long as they are in the public interest, can qualify. So for example if you had made a complaint to the employer about the lack of safety equipment and that is in the public interest because it can affect others too, it can be a qualifying disclosure. If the employer then dismisses you because of this the dismissal can be automatically unfair even if you do not have the required 2 years’ service to normally be protected. Some more information on protected disclosures here: https://www.gov.uk/whistleblowing/what-is-a-whistleblower One thing to note is that even if you are protected there is nothing stopping the employer from dismissing you. It just means that then you have the right to consider taking the matter further and challenging the dismissal. This would be done in the employment tribunal and you have 3 months from the date f dismissal to make a claim. A new feature in the employment tribunal’s claims process is mandatory early conciliation with ACAS. This requires prospective claimants to notify ACAS and provide details of their intended claim and they would then try to negotiate between the claimant and respondent to seek out of court settlement in order to avoid having to take the claim to the tribunal. It is possible for the parties to refuse to engage in these negotiations, or that they are unsuccessful, in which case they would get permission to proceed with making the claim in the tribunal. If negotiations are initiated and settlement is reached, then the claimant would agree not to proceed with the claim in return for the agreed financial settlement. The conciliation procedure and the form to fill in can be found here: https://ec.acas.org.uk/Submission/SingleClaimantPage In terms of the time limits within which a claim must be presented, the early conciliation process places a ‘stop’ on that and the time between notifying ACAS and them issuing permission to proceed with the claim would not count for the purposes of these time limits.
Customer: replied 1 year ago.
So basically I don't have any chance to win if i will make claim and i will lose job anyway.i am sure if i am not claim they will still will try to sack me.
As only prove I have warning sign on product. Probably they even try to buy protective equipment.what if someone from colleagues can confirm what we don't have protective equipment.is this will count?
Customer: replied 1 year ago.
But what to do what till now they didn't ask me to sing accident book. My manager say it nothing serious. I wish i could show my damage.
Expert:  Ben Jones replied 1 year ago.
No, I cannot say you do not have a chance to win - as mentioned you do have certain protection but you must be able to shoe that you had made a protected disclosure and had been dismissed as a result of it. Even if you do not claim and they sack you, you still have 3 years from date of injury to make a claim so there is nothing stopping you from making a claim against them after you have been sacked. If you can then use colleagues who can act as witnesses that no equipment was ever provided and they were also asked to work without it then yes that can hep you.
Customer: replied 1 year ago.
And do they have right to sack witness after it?
Expert:  Ben Jones replied 1 year ago.
If they have less than 2 years' service then potentially yes, but again they can have the whistleblower's protection if they have raised these concerns with the employer and that is the reason they were dismissed
Customer: replied 1 year ago.
What about pay..MY Gm manager said he will paid all my hours which I should work and they will pay my sickness list. Can the company to refuse pay for it. They give me off week already.if Gm manager took some action he say we will stop use this product. But kitchen manager and superviser was very surprised when they was reading label of product about warning to don't use without safety equipment. And kitchen manager then I left working place was saying I am stupid and doctor stuipid as well they not supposed to cover my hand.that is what was my colleagues tall me...on the phone call.if to be honest I don't want to fight but my kitchen manager words make me feel offend
Expert:  Ben Jones replied 1 year ago.
what does your contract entitle you to in terms of sick pay?
Customer: replied 1 year ago.
My contact says
You are required to complete a self certification form for any sickness absence up to and including 7 days.a doctors certificate must be given to your manager for absences of 8 days or longer.
Further doctors certificate will be required to cover the total period of absence.providing you comply with all the above requirements, you will be entitled to statutory sick pay.after you have been employed for 2 years, you will be entitled to receive company sick pay for periods of absence during any consecutive 12 months period as follow:
Over 2 y -up to 4 weeks
3-5y -up to 6 week pay
Over 5 y- up to 8 weeks
No statutory or company sick pay is payable for the first 3 days of absence.
Expert:  Ben Jones replied 1 year ago.
ok so under contract you are only entitled to Statutory Sick Pay at this stage, which is approximately £85 per week and it is only payable after the initial 3 days of absence. However, if you were specifically promised to get your full pay for the time you should have worked then you can hold the employer to that. If they refuse to pay you then this potentially amounts to an unlawful deduction from wages, which is made illegal under the Employment Rights Act 1996. In order to try and resolve this, the employer should be contacted in writing, advised that this is being treated as unlawful deduction of wages and ask them to pay back the money within 7 days. Advise them that if they fail to pay the money that is owed, legal proceedings could follow. If the employer does not return the money as requested, the following options are available:1. Employment Tribunal - the time limit to claim is only 3 months from the date the deductions were made. To make the claim, form ET1 needs to be completed and submitted - you can find it here: https://www.employmenttribunals.service.gov.uk/employment-tribunals2. County Court – this is an alternative way to claim and the advantage is that the time limit is a much longer 6 years and is usually used if you are out of time to claim in the Tribunal. The claim can be made online by going to: ***** ***** by warning the employer you are aware of your rights and are not going to hesitate taking further action they will be prompted to reconsider their position and work towards resolving this.
Customer: replied 1 year ago.
Looks like I am more losing then winning. I am British citizen, is it can help me or is no matter if i am British citizen or another country citize7
Expert:  Ben Jones replied 1 year ago.
It makes no difference really, your rights are the same regardless of your nationality. But not sure why you say you are losing, you have quite a lot of rights, it is just a matter of applying them
Customer: replied 1 year ago.
I am not sure if someone of my colleagues agree to be as witness,what we don't have equipment. Protective equipment they probably will buy by now and they probably will try to say what I just didn't follow safety instructions. Plus as they still can sack me in anyway.then for sure they will do that. Apart of ugly hand now i dont have to many proof.
Expert:  Ben Jones replied 1 year ago.
If needed you can force employees to appear as witnesses, whether they want to or not - you need a court or tribunal's permission to do this but if it comes to you making a claim and you need their evidence then you can do this
Customer: replied 1 year ago.
So can I do smth if they promise to pay my hours for days when I didn't work? And if i decide to give notice,but I still have some paid holidays left. Can they don't pay for my holidays if i gave leaving notice? And if i will give leaving notice if it affect me?
Customer: replied 1 year ago.
And as well can i use as witness who work before (and they work before with it ingredients )?let's they just left one month ago
Expert:  Ben Jones replied 1 year ago.
If you resign then you are entitled to be paid for any holidays you have not et taken for the current holiday year. If you do not get paid what you are due (including the time they promised you( then you can go down the unlawful deduction of wages routes which I mentioned in my post timed 11:29. You can certainly use the witness you mentioned, after all they have had direct dealings with these ingredients in the past.
Customer: replied 1 year ago.
What if manager refuse to put accident in accident book?how I can proof what is happen at work? And if accident not in accident book can i still do claim?
Expert:  Ben Jones replied 1 year ago.
You can certainly still make a claim even if the accident is not in the book - in this case it is a matter of your own evidence as to what happened, together with te evidence of the injuries you suffered. Also the employer's witnesses will have to give evidence under oath so they will have to tell the truth.