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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50170
Experience:  Qualified Employment Solicitor
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I had an accident at work , reported it straight away, but

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I had an accident at work , reported it straight away, but I hurt my back, tried to get it to heal by rest but that hasn't worked so went to the doctor who signed me off for 4 days than went back to work today and found I still couldn't sit in a chair for 8 hours, without it hurting. Have been informed including this time I have been off 4 times over 12 months there will be a displinary hearing. Question if the accident happened at work can they include it in a disciplinary hearing?
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for and was the employer at fault for the accident?
Customer: replied 2 years ago.
I have been with with the company since 2006 this time and before that I was with the company from1996 till January 2006, I had 6 months away from the company. And yes I consider them at fault at the chair was reported faulty in febuary
The fact that time you have had time off is due to an accident at work does not prevent the employer from counting this towards your overall sickness record and disciplining you as a result. This is especially true if the employer was not at fault for the accident. However, if you can show that it was their negligence which caused this accident then it should not be something which they use against you in a disciplinary. Therefore, your main argument if you are disciplined is that the accident was as a result of the employer’s negligence, that the time off you subsequently had should not be counted towards your overall sickness record and that as a result this disciplinary should not be going ahead. You have the right to appeal any outcome of the disciplinary. You can also raise a grievance (formal complaint) if necessary and the last option is to resign and claim constructive dismissal but I would only suggest you pursue that if all else fails.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
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