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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 72496
Experience:  Qualified Solicitor
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I would need some information about a work issue.

This answer was rated:

I would need some information about a work issue.
JA: Where are you? It matters because laws vary by location.
Customer: hertfordshire
JA: What steps have you taken so far?
Customer: none
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Hi there. Please explain your situation in some detail

Customer: replied 7 days ago.
Hi, sorry, I was figuring out how to get to the chat box on my PC
Customer: replied 7 days ago.
I will have to use chat, I am in a bad financial situation

No problem. Please explain your situation in some detail

Customer: replied 7 days ago.
I have been employed by my current employer on September 2020, after a successful interview with the warehouse manager and I have signed a 3 months fixed term contract, which, per the job offer email was matching with the probation period
Customer: replied 7 days ago.
after the 3 months, with the best monthly performance review I could have got from the managing team, I have received an email from the company hr saying that my contract has been extended for another 3 months fixed term.
Customer: replied 7 days ago.
Finding this unclear, I have asked the warehouse manager what is this about and he told me that the probation period is actually 6 months and they have extended for only 3 months just in case the company will have to close for any reason.
Customer: replied 7 days ago.
After working hard and doing my best for 6 months, with sick days of due to a back issue that came with this job, a muscle strain ripped as per medical check, last Thursday, when I was coming back from 14 days of sickness for my muscle recovering, with the statutory sick pay form and medical certificate for this period, I have been told by the warehouse manager that due to a low volume of work he will have to disband my position and my contract will end on 28th of February

OK thank you. What is your specific query in relation to this please, so that I can best advise?

Customer: replied 7 days ago.
I would also mention that the health and safety in this company is just meaning employee signatures on a paper that state health and safety procedures and, as an example, after 2 hours of induction where I have been told and I signed for not lifting american size(heavy item) on our own, the first thing that I was trained it was how to lift this american size fridges on my own...
Customer: replied 7 days ago.
The effect of the related story for my personal life is that I am worrying a lot and, even if I have over 1 year of medication prescribed by GP for lowering depression, I started to feel depressed. Because of the current pandemic situation and the current period(with not many jobs out there), I am afraid that I will have to go back to my country, Romania, and lose all the progress that I did here, in UK....

I understand. So that I can advise, what would you like to ask about this situation please?

Customer: replied 7 days ago.
I feel that something is not right about the health and safety procedures and I would like to claim for the muscle injury that I had due to this matters, but also is the mind state they've put me in right now that I would like to claim. The advise that I need is: Do you consider any part of the related story a possibility to claim?

OK I understand and thank you for providing this information. Please do not worry and leave it with me for now; I will get back to you with my answer as soon as I can which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about the issues you have experienced in your situation.

Due to your length of service being under 2 years you won’t be able to claim for the dismissal, so the injury itself will have to be the only thing you consider taking further.

A personal injury (PI) claim is aimed at claiming compensation for injuries sustained, in order to try and restore the injured person to the position they would have been in had the injury not happened. Obviously, that will often be impossible as the injuries cannot be undone, but at least the injured party can claim for financial compensation to help with the trauma and any medical costs.

For a PI claim to succeed, the injured party has to show the following factors apply:

- that the other party owed them a duty of care;

- that such duty of care was breached, either deliberate or negligently;

- that the breach caused them to suffer an injury;

- that such injuries were reasonably foreseeable in the circumstances. The injuries could be either physical or mental, or both.

There are two types of compensation that can be claimed for:

- General damages - based upon medical evidence and the amount depends on how the injuries affect the claimant now and how they will affect them in the future.

- Special damages - designed to put the claimant back in the financial position they were in as if the accident had never occurred.

In terms of taking this further, due to the technical nature of PI claims, it is always recommended to use a specialist lawyer to help with the claim. Many can offer free initial advice and then can also consider taking the claim on a no-win-no-fee basis if they believe there are decent prospects of success.

A search for qualified lawyers can be made here:

https://solicitors.lawsociety.org.uk/

Another option worth considering is the Association of Personal Injury Lawyers (APIL), a not-for-profit association of solicitors, barristers and academics who specialise in personal injuries work (https://www.apil.org.uk)

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Ben Jones and 4 other Law Specialists are ready to help you
Customer: replied 7 days ago.
thank you!

You are most welcome. If you have any further questions about this then please do not hesitate to get back to me and I will be glad to help. All the best