Category: Employment

Work Accident Compensation Claims: Your Questions Answered!

Work accident compensation claims are some of the most common legal cases that solicitors have to deal with in their careers. People spend around 1/3 of their lives at work. That means they rely on their employers to provide them with a safe, secure and pleasant environment to work in. Covid-19 has changed the way we think about working and has proven that many of us can work remotely. However, for those who cannot do their job from home, it’s important to know how to keep safe on-site. That’s why if you do suffer from an accident at work, or perhaps have already been injured before the UK lock down, you may have a lot of questions about how you can go about dealing with compensation claims.

accident work claims blog

The button above will take you to an interview with Gowing Law’s operations director, Elaine, but you may want to just understand the basics of work accident compensation claims. That’s why in this blog, you will find 5 of the most common types of questions about work accident claims. If you have any additional questions, don’t be afraid to ask our trained solicitors. They would be more than happy to assist you and help you get the compensation that you deserve.

What is a work accident claim?

Before we jump into 5 of the most common questions asked by our clients, let’s start off this blog with a basic definition of what work accidents entail. As you would expect, a work accident means that you are injured at work. This could include:

  • Slips/Trips
  • Unmarked wet floors
  • Faulty Electrics
  • Messy environments
  • Untrained employees
  • Heavy Lifting
  • Repetitive tasks
  • Violent colleagues or customers

These are only a few of the accidents that could happen at work. That’s why, if you do end up returning to your workplace, you need to note down what sort of safety routines your employer has in place. If they do not have updated regulations to protect you from Covid-19, or you notice hazards that could cause an accident, you need to send a letter of grievance to your employer or let them know via a meeting. If they do not take action to rectify these problems, and they do cause an accident, this could mean that they could be liable for the injuries of their employees. That means that they will have to pay compensation to help their employee recover. The request for an injury payment is known as a compensation claim.

Remember top tip about liability

The most common questions about work accident claims

All compensation claims can be quite daunting if you have never had to file one before, especially if you have been injured and are trying to recover. You need to think carefully about all of the losses you have made, including financial hardships, emotional stress and physical injuries. Another problem you have to overcome is whether or not your company will take responsibility for your injuries or whether you will have to see them in court.

This is why Gowing Law has interviewed our Operations Director, Elaine, about work accidents. We understand that there may be a few questions in your head that you may want answers to. Most websites will simply list out the simple questions about work accidents. However, as we understand that each case changes on an individual basis, we have decided to use this blog to focus on some of the more niche questions that may leave you feeling a bit nervous about claiming compensation.

Please see our top 5 most common questions below:

1. Can my employer sack me if I make a compensation claim?

No, your employer cannot fire you if you make a compensation claim. You are not making them experience any losses as your employer should have employer’s liability insurance. That means that they will not be paying out of their own funds, instead they will be using their insurance. All employers must have employer’s liability insurance once they employ workers. If they do fire you for making a claim, you will need to seek the help of an employment law solicitor. They can help you prepare for a tribunal and help you get the justice you deserve.

top tips accident image

2. My workmate caused my injuries, not my boss. Who pays my compensation?

This is more common than you might realize. Your workmate may have been messing around and you were accidentally caught in the crossfire. This means that you were injured because of their actions, not because of a hazard that was left out thanks to your employer’s negligence.

You may think that this can be quite tricky, especially if you do not want to involve your friends from work. These sort of difficult situations are where a trained work accident solicitor can help you with your compensation claim. A situation like this is also known as vicarious liability. Your employer is responsible for any employees and their actions on the premises. That means that if the employee was negligent, it can be proven that they were simply acting in relations to the duties asked by their employers. Overall, it will still be your boss that is responsible that needs to pay for your compensation. But remember, it will be their insurance that is paid to you and it will not be paid out of their own money.

3. How much money can I get from a compensation claim pay out?

This depends on the extent of damage and losses that have happened because of your accident. Remember, the point of compensation claims are to get you back to your starting point before you experienced any sort of losses. That means you could claim thousands or even a 7 digit amount. However, the higher the compensation amount, the more likely that the injury or losses changed your life or were extremely severe.

Each payout depends on your own circumstance. You can claim for any sort of injury, but it would be best to get an estimate from a trained work accident solicitor. They can take a look at the evidence you have collected, including any work accident book copies, witness statements, videos, photos and medical documents, and let you know what you could be owed.

4. A friend/loved one died from a work accident. Can I claim for them?

If you do know someone who has died from a work accident, the administrator or executor of their estate could bring compensation claims on behalf of the deceased. The same thing could be done if the party bringing the claim is a dependent. This includes a spouse, civil partner, children, parents or other members of the family. However, it will still require evidence to do so and will need medical evidence to show the extent of their injuries. If the claim is successful, this can get a pay-out even after the death of a loved one.

5. Will I need to pay any fees?

This depends on the type of solicitors you sign up with to help with your case. Gowing Law Solicitors offers a “no win, no fee” service. This means that if your case is not won then you will not need to pay any fees. Make sure to ask your lawyer about their potential fees before they start. Usually, you will have an agreement in place for a fee depending on whether or not you win your case. Usually this will be around 25%, however it does depend entirely on the solicitor. Make sure you do your research before you pick the lawyer that you want to work with to help you claim work accident compensation.

How do I claim compensation from a work accident?

If you are satisfied with the answers to the previous questions, are you asking yourself how you can claim compensation? Well, the most important thing is to have your case documented. That means it needs evidence to prove that your employer was at fault. You may even want to write a letter of complaint to them in order to let them know that you intend to go forward with a compensation claim.

From there, you can bring your evidence to your solicitor and let them guide you through the claims process. They will ask you for specific information about your claim and will contact different parties (i.e. your employer and insurance company) on your behalf. If you do not feel confident about going to court, they can even represent you. This is why it is essential to have a trained solicitor on your side. That way you can feel confident and secure that you can get the pay-out that you deserve from any compensation claims.

Gowing Law Solicitors can help you with your work accident compensation claim!

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Gowing Law Solicitors can offer you free help and consultations for your work accident claim. Our experienced lawyers are always available to let you know the best path forward. They will inform you of any pitfalls and requirements to make sure your claim is completely valid. Just make sure to make your claim within 3 years of the injury. As mentioned previously, we work on a no win, no fee basis. That means that you are taking no risk when it comes to making a claim. Instead, you can feel good that either way you will have a satisfactory outcome to your court case.

If you are ready to make a claim with Gowing Law, you can call us at 0800 041 8350, email info@gowinglaw.co.uk or use our direct messaging feature on our contact page. One of our specialists will then be in contact with you as quickly possible. Feel free to ask them any additional questions you may have.

Read more about Work Accident Claims!

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We always keep our blog updated with the latest UK law information. If you want to know more about work accident compensation, make sure to take a look at one of these blogs:

We also cover a range of other topics, like PPE tax reclaims, mis-sold mortgage claims, mis-sold pension claims and much, much more. You can also write in to info@gowinglaw.co.uk if you want to let us know about a topic you would like to cover. Remember, we also have a weekly newsletter, so you can also let us know whether you would like our team to sign you up.

We look forward to hearing from you soon and wish you the best of luck with your work accident claim.

The top 10 things you need to do if you have had an accident at work

Having an accident at work is more common than you think. According to the Labour Force Survey, over 28.2 million working days were lost during 2018/2019 due to work-place accidents and illness. Right now, most people are still working remotely in order to lower the spread of Covid-19. But before the UK’s lockdown, you may have unluckily got sick before safety measures were put into your work environment or you may have hurt yourself and been put on sick pay. You now may be considering to follow up with some form of work accident compensation.

If you have been put into this position, the most important thing you need to consider is your evidence. This can prove whether or not your work place has breached their duty of care towards you, as an employee. Whether you have had a minor injury or a major break, it’s important to get the care you need in order to help you recover. This includes getting compensation from your place of work in order to help you solve any financial issues ahead.

So, what should you do if you have been involved in a work accident? Whether you work in a retail store or at an office, our blog below will guide you through what you need to do. That way you can get the most amount of evidence to have a successful compensation case.

What counts as an accident at work?

accident at work graph

Source: HSE Gov

As you can see from the graph above, some of the most common accidents in the workplace are some of the simplest to avoid. However, if your work place is messy and is covered in hazards, it is easy to have a fall or hurt yourself. You also need to remember that the type of hazards you encounter depend on what sort of environment you work in. For instance, a construction worker is not going to have the same hazards as an office worker. An office worker may be a victim of repetitive strain injuries, whilst a construction worker could be injured by malfunctioning equipment.

Take a look around your place of work. Your businesses’ hazards may include:

  • Broken equipment
  • Untrained colleagues/employees
  • Messy environment
  • Tripping hazards
  • Faulty electronics
  • Spillages
  • Repetitive tasks
  • Lack of movement
  • Ill colleagues/managers
  • Violent customers

Once you have taken note of the hazards in the workplace, if you think that there are any that need to be fixed as quickly as possible then you need to go to your manager. That way if there are any future accidents, or you yourself are involved in one, you have evidence that you noticed a hazard and asked for it to be fixed, only for it to be ignored. It proves that your employer was negligent. This is the key to getting a successful work accident compensation claim.

top tip about work accident compensation

What should you do if you have suffered from an accident at work?

So, now that you have analysed what hazards are in the workplace, you may be feeling a little worried that you may suffer from a work incident in the future. Worse still, you may have already suffered from a work accident but just feel generally unsure about what you need to do. Well, do not panic! Here is what you need to do if you have hurt yourself at work.

1. Focus on your injuries

The most important thing is to focus on yourself. You need to figure out how badly you have been hurt and whether or not you need to receive medical attention. In some cases there may be a first-aid specialist on site to help you, however if your injuries are severe then you will have to go to the hospital to receive medical attention.

Your injuries should be logged into your work’s accident book so that they can be recorded. You have the right to receive a copy of this injury report. It’s important to receive this report because if your injury is worse than it appears then have evidence that it happened in the workplace.

If you do have to go to hospital, or later on need to go to the doctor’s for a check-up, make sure to get a medical report to prove that your injuries have caused you harm. You should also keep any receipts from medication that you have been forced to pay for in order to help you recover.

2. Photographs and Videos

Evidence is vital you want to have a successful accident at work compensation case. This is the same for any sort of accident, including traffic accidents and accidents in public places. Just in case your employer tries to cover up your accident, save and back up any photographs or videos you take of the scene, the hazard and your injuries. You can never have too much evidence! Make sure your photos or videos have a date on them to ensure that they can be proved to be taken from the day of the accident. That way if your employer does try to cover up your accident, you can prove what actually happened.

3. Ask your colleagues for witness statements

No matter what sort of environment your accident took place in, if there were others around you who saw the accident, they can be used to provide evidence and an unbiased perspective on the events that took place. If you were hurt due to the negligence of your employer, ask your witnesses to write out a statement that documents the events that led to your accidents. They have nothing to gain by helping you, therefore their testimony can really help your case.

accident at work witnesses

4. Ask your colleagues to keep an eye on your employer

If you have friends at your workplace, you may want to ask them to keep an eye on what your employer does after you have had your accident. Now, most good employers will try to fix the hazard so that other people will not be exposed to the risk. They will then be more than happy to sort your compensation from their employer’s liability insurance. However, in some cases the employer may just be trying to cover up the reasons behind the accident.

Make notes whenever your source tells you that a change has been made to office policy or the environment of your workplace. That way if your employer does try to fight against your claim, you can prove that they were the ones who were negligent. Having a trustworthy colleague can also be useful if your employer does try to unfairly dismiss you.

Fired for an accident at work image

5. Keep an injury diary

No one can predict when an accident at work is going to happen. That’s why it’s imperative that you remember as much information about the incident as possible. Of course, in some cases if there has been head trauma, it may be impossible. However, you should try to write out a description of the event, how it took place and what injuries you suffered. You may also want to note important details about who witnessed the event or what your employer’s reaction was. Try to do this within the first few hours of your accident. That way it can remain fresh in your mind.

You should also keep adding to the diary so you can take notes about what happened in the aftermath of the accident, including how your case was being handled and what evidence you have been able to collect for compensation case.

6. Submit a grievance report or letter of complaint

If the accident came from the irresponsibility of your management then you have every right to complain about it. If you were not trained to undertake a certain act or were pressurized by senior figures in your company and got hurt, you need to make a stand to ensure the same thing does not happen to other people. Take a look at an example of an unfair accident below:

Case study about accident at work

Like Larry, you may have been asked to do a job that was completely out of your range of skills. You may not have had the right skills to complete it, therefore were injured as a result. If you write a grievance letter then your employer must investigate it and fix any problems that could be found. That way, you are preventing future accidents and are also giving them a formal notification about your complaints.

7. Create an expenses & losses spreadsheet

Now, this is going to be important. When you have a compensation claims case, one of the most important things you need to do is prove that your injuries put you at a loss. For instance, you may have had:

  •  Physical damages
  • Psychological trauma
  • Financial losses (i.e. wages)
  • Equipment damages
  • Rehabilitation costs
  • Medical costs

By creating a spreadsheet and keeping a record of the amount of money you have lost during recovery, you can prove in court that your company’s negligence negatively impacted your life. They have a duty of care towards you and have breached it. Now they must pay compensation.

8. Request a “Subject Access Request”

A subject access request is a formal request made to find out information about what your employer has said about you through any sort of communication devices. It can also show how:

  • Your employer has been using your information
  • Who they are sharing your information with
  • They collected information and data on you

These communications may contain valuable evidence that could back up your compensation case. Just make sure you file out the request before you put in a work accident compensation claim. That way your employer will have less reason to hold information back from you.

9. Organize all of your evidence

Now, this point may seem a little obvious, but if you have all of your evidence filed away then this will make it a lot easier when you eventually go to court for your compensation claim. It can also help your solicitor go through your evidence to make estimates on how long the case might last, how much compensation you are owed and whether or not you have a valid claim. Invest in a file, some dividers and a highlighter for marking out important evidence!

10. Ask for the help of a trained solicitor

Work accident compensation claims are complicated. You need to fill out a lot of paperwork and to try to avoid as many pitfalls as possible. An experienced accident at work claims solicitor can help you with this. You may be still recovering from your accident. Therefore you can let them do the hard work and even represent you in court if you cannot leave the hospital in time.

That way you can get the outcome that you deserve.

How do I make an accident at work claim?

Gowing Law Solicitors can help you with your accident at work claim

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Here at Gowing Law Solicitors, our trained work accident specialists are here to support you through this difficult period. We understand that accidents can be traumatic experiences. Therefore, we intend to take the pressure off you and help you get the compensation that you deserve.

If you need any advice, we can offer free consultations and advice on your case. Should you want to work with us, our solicitors can help you on a “no win no fee basis”. That means even if you do not get the outcome you want, you will come out on top! You will not need to pay any fees and instead can walk away from the case. There is no risk for trying to get compensation.

Contact Gowing Law Solicitors today by calling 0800 041 8350, emailing info@gowinglaw.co.uk or by using our direct message system on our contact page.

Read more about the UK law and accidents at work!

previous law blog

Gowing Law keeps our blog updated on a regular basis. So make sure to keep checking it to see the latest updates. We talk about law topics that could be relevant to your case, including work safety and Covid-19 related topics. We also have a newsletter that goes out on a weekly basis. Let us know if you would like us to sign you up for this. If you have an idea for a blog and want to see it on our website, let us know by emailing info@gowinglaw.co.uk.

We look forward to hearing from you soon. Good luck with your compensation case!

Health & Safety in Retail: Avoiding Accidents

Health and safety in retail is a big issue right now. As of June 15th 2020, the UK government has now allowed for non-essential stores to re-open. Non-essential stores, including clothing and book shops, have been closed for over three months. This was to help lower the rate of infection of Covid-19. However, you may be feeling a little nervous about going out and about so soon. The corona virus is still a major health & safety risk with a lot of businesses having either moved online or to remote work to remain open. That’s why at this moment you may be thinking that it is just safer to shop online.

Boris Johnson has stated that we should ”shop with confidence”, but do you know precisely what you would do if you had an accident in a public place? If you work in retail, you may have no choice but to return to your store. That’s why, whether you are a customer or a consumer, it is essential that you know precisely what rules and regulations are in place to keep you safe. That way you can avoid accidents.

Read on to learn more about how you can protect yourself and the others around you from accidents in a retail store, and what you should do if you do suffer from an accident.

What is happening in the UK?

As you can see from the BBC’s latest update video, the UK has undergone a number of changes in the last 24 hours. Whilst this may not immediately get things back to the way they were, it can help workers in the retail industry have their livelihoods restored to them. Although essential stores have remained open, like food stores, pharmacies and banks, most non-essential stores have been shut since March.

Now, what’s important to take from this is that not only will stricter shopping measures be in place, but you will have a choice about whether or not you should return to your work environment. If you have proven that you can do your job from home without any problems, then it will be quite hard for an employer to outright say that you should go back to the office. However, if you can only do your work by being in a certain building, you will have to go in to do your work. Should you tell your employer that you are not going in because of fears of Covid-19, you will not be entitled to sick pay.

According to David D’Souza, from the Chartered Institute of Personnel and Development, he has listened to the complaints of people being forced to go back to work by their employer and believes that it is:

”Of huge concerns in terms of people’s physical and mental well being…Any return to work should only be done if these criteria are met: It’s necessary, it’s safe and it’s mutually agreed.”

It is up to you to decide how you feel about returning to work. If you are worried about catching Covid-19, you will need to discuss this with your employer. That way you can get an outcome that would suit your situation.

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Safety in a retail: Covid-19 Edition

For both employees and consumers, new safety measures have been put in place in order to prevent the spread of Covid-19. So, if you are going out today, it’s important that you adhere to the following rules:

safety procedure retail infographic

These rules have been put in place in order to help the public get used to shopping outside again. However, there is controversy about this move. The World Health Organization has warned against further lock down easing in England. According to Hans Kluge, the WHO’s European director, the UK is still in a “very active phase of the pandemic”. This means that there is still a chance that Covid-19 could be spread around through public contact.

If you do choose to go out to shop, make sure you do it with caution. There have been hundreds of people queuing already to visit large retailers like Primark, therefore take social distancing regulations seriously and try not to approach people within 2 m. You may also want to wear face-protection and have your own personal supply of hand gel.

PPE Top tips

Public Accidents in a Retail Store: Health and Safety

Despite all of the health and safety regulations that have been put into place, there is still a chance that both consumers and workers could be involved in an accident in the store. Yes, employers need to make sure that social distancing measures are put in place, but with all of this focus on Covid-19 safety regulations, it is more likely that smaller problems may be overlooked. There is still potential for one of the following accidents to take place in a store or retailer:

  • Slips and falls from unmarked puddles.
  • Trips over hazards/objects on the floor.
  • Poorly built shelves falling over.
  • Mannequins and display items falling down.
  • Bad Lighting.
  • Bad carpeting.
  • Violent customers

All of these accidents can help due to employer negligence. Each business has a duty of care towards their customers and employees to keep them safe. Therefore, to have an unsafe work environment, and to not keep it clean and tidy, is to breach that duty. You deserve to feel safe when you are shopping, therefore if you have had an accident in a public place, you could claim compensation for the fall. This is due to the fact that the retailer themselves has been negligent.

Covid-19 and shopping

Who was to blame for the accident?

All retailers have to keep their employees and customers safe when they are on their premises. This is normally through risk assessments. This includes keeping the place clean and tidy and ensuring any spills or hazards are fixed before customers can fall victim to them. Employees must also ensure that all staff are trained to carry out their work safely. If these duties are not fulfilled then they could be liable for a compensation claim, especially if they do not enforce social distancing regulations.

Customers: What to do if you have suffered an accident in a public space?

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It can be nerve-wracking building up the courage to go back out in public to go shopping. That’s why you don’t deserve to be hurt when you finally enter a store. If you do unfortunately get injured, you need to report it to a member of staff. This injury can then be written down in the store’s accident book. You should be given a copy of the injury statement.

If you do not have to go to hospital due to your injury, remember that you will need to collect as much evidence as possible. This could include:

  • Photographs
  • Videos
  • CCTV Evidence
  • Witness Statement
  • Diary Entry (made on the same day)
  • Police reports
  • Medical Statements

If you want to make a personal injury claim, you will need to make it within three years of the accident occurring. Make sure to seek help from a solicitor as these types of injury claims can get extremely complicated if you are looking for compensation on your own. A solicitor can explain how much compensation you could be owed, what pitfalls you need to avoid and how long it may take to get an outcome from your claim. Be patient with your solicitor and make sure to keep in contact with them about your claim.

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Employees: Health & Safety in retail stores

Customers are not the only people who get injured in a store. As an employee, your employer owes you a duty of care, especially in regards to health & safety in retail environments. That means you should have received official training to help you cope with the latest social distancing laws and safety in general in the work space.

So, you have a responsibility towards customers to keep them safe. But you may be wondering, what should you do if you get hurt? An accident at work could put your livelihood at risk, as you may not be able to keep working and claim your wage. You can experience the same accidents as a normal customer, worse still you may be more at risk of Covid-19 if your store has not put in health and safety regulations to ensure the safety of their employees.

In order to keep safe in the work environment, remember to:

covid-19 advice for the workplace

Your employee must be trying to implement social regulating laws, perhaps even communicating through walkie-talkies or phones instead or face-to-face contact. If there is no evidence of a risk assessment, you could be owed compensation for your work-place accident.

How much could I earn from an accident at work compensation claim?

Now, this depends on the type of accident you have had and how severe it is. If your retailer employer has not carried out sufficient health assessments or thought of the risks of returning employees to work, you could be owed thousands if you recently had a work accident, aka. a breach of health and safety in retail.

To use an example, perhaps you work in a clothes shop. They implemented a one-way system to help customers get around the store. However, you did not think of aggressive and messy customers. So you slipped on the clothing and fell over. If you broke your leg this may mean a higher pay out than if you pulled a muscle.

Talk to your trained solicitor about your injuries and how much you could be owed. The amount you receive will depend on your losses and injuries. Therefore, they will be able to give you a good estimate.

How to handle a breach of health & safety or a work accident?

The same way a customer must alert staff to an injury in a store, you must alert your employer or manager about your injury. They will record your injury the accident book. Make sure to ask for a copy! You must also find evidence of your accident that can prove that it was your employer that was liable for your accident. This could be through their lack of a risk assessment, a dangerous environment or perhaps a lack of training. Either way, keep calm and simply follow procedure to ensure that you can collect your evidence and alert your employer to your accident.

can i be fired for an accident

Gowing Law Solicitors can help you with your work accident claim!

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The transition from complete lockdown to social-distanced work can be quite scary. You want to support your family, however what happens if bring something home nastier than intended. If you have been injured at work, or health & safety guidelines have been breached, Gowing Law Solicitors can help you get the compensation that you deserve.

We can work with you remotely and can offer you free advice or consultations to talk about your accidents. Our trained work accident specialists can then get to work on your case. If you are happy working with us, we work on a “no win-no fee” basis. That means that even if we do not get a positive outcome, you will still come out on top. Let our trained specialists help you get the best amount of compensation to allow you to recover from your injuries.

Contact us now by calling 0800 041 8350 or emailing info@gowinglaw.co.uk. You can also directly message us through our contact page.

Want to learn more?

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Do you want to know more about Covid-19 and UK legislation? Our blog is has the latest legal stories and information. That way you will always know what to do if you are faced with a legal battle. That includes information about work safety and your worker’s rights.

If you have a blog topic that you want us to discuss, let us know by contacting info@gowinglaw.co.uk. We would be happy to write about it!

We look forward to hearing from you soon.

Covid-19 & Accidents at Work: What hazards do you need to look out for?

corona-virus-worker

No one likes dealing with accidents at work. However, Covid-19 has changed the face of what it means to have a work accident in general.

On the 13th April 2020, the UK announced that it was going to begin easing down some of its lock down regulations. That meant workers who could not work from home could return to work. Currently, there have been over 280,000 cases of Covid-19 in the UK. That’s why there is currently so much debate about whether or not it truly is safe to return to the workplace. Some think it is far too soon, others believe that the first wave has passed, however it is entirely up to you about whether or not you think you can take the risk of working in a public environment.

Your business has a legal obligation to you (aka. a duty of care) to keep you safe. No matter what sort of business you work in, they must continue to uphold government hygiene regulations. You need to understand your rights, but more importantly you need to know how you can personally minimize the bio-hazards you may encounter on your way to and in the work place. If not, you have a higher chance of catching Covid-19 than someone who is currently working remotely.

Read on to learn how you can keep yourself safe. If you do end up getting ill because of your work place’s negligence, please contact Gowing Law Solicitors. We can help you make a claim for a work accident compensation or even represent you at an employer tribunal. All of this can be done remotely.

Remote Working

Honestly, one of the safest ways that you can avoid the virus is to work from home. If you have the chance to do this then take up this opportunity. It can truly help you avoid any accidents at work. Over 51% of the global population have internet, therefore if you think that a work environment is unsafe, it is your right to ask for changes or to work outside of it.

Not only will it protect you from the transmission of Covid-19 but you may find that it helps you create a more engaging work space that increases your productivity. For instance, if you are easily distracted by noise pollution in your work environment, your workspace at home can provide a peaceful place that you can retreat to.

working from home tips

Speak to your employer about continuing to work from home if you are suffering Covid-19 related anxiety. You may be a vulnerable person or simply don’t want to take the risk for the sake of your loved-ones, family and the people you live with. Any good employer will understand your worries and try to work with you to create a compromise where you can feel safe. This may mean that you work from home indefinitely or come into the office only a few times a week. You can also recommend that they look at the free remote safety courses that have been released by the government. They can help you manage stress and create an employee safety plan.

Keep in contact with your employer and stay inside as much as possible in a comfortable work environment. This will help you get the most out of working remotely.

manages duty of care tips

Working Onsite: Lowering the Risk from accidents at work

If you have no choice but to go back to work, as you are an essential worker or perhaps your employer has put in safety regulations that include social distancing, you may be feeling scared about taking this risk. That’s why it’s essential to keep safe when you are:

  • Commuting to work.
  • Working in the office environment.
  • Using work office supplies.
  • Getting lunch/ using the kitchen.
  • Using the work bathroom.
  • Interacting with other employees/colleagues.
  • Commuting home.

You need to think about which areas in particular are going to be hot spots for germs. It is also wise to consider which of your colleagues may potentially be an asymptomatic spreader. Create a mental (or physical) plan that can remind you of how you can prevent the spread of Covid-19 and what biological hazards could harm you. This could be different depending on your work environment. For instance, construction workers may have different obstacles to office workers. Consider your environment carefully and what you can do to lower the rate of transmission.

accidents at work covid 19 infographic

Keeping safe on your commute to work

One of your biggest challenges is going to be actually getting to work. As the country has currently been in lock down for over 10 weeks, it is likely that many people have not been considering their commute. This includes using transport safely on the road, and claiming compensation if an accident happens. Naturally, to help with social distancing, some changes have needed to be made to the road, social transport and the amount of people who can go on transport at a time.

Private Transport

The first thing you need to consider, as you go on your commute to work, is what sort of vehicle you are going to use. If you are using a car then you do not need to worry about interacting with other people. However, you may want to avoid giving lifts or asking for rides from different people. If it is your car, make sure to keep sanitation products in the car with you. This includes hand gel, travel sized soap and napkins. You may also want to keep a mask in the car with you for you to wear when you leave the vehicle.

Remember, you will want to wash/ sterilize your hands before and after you touch the steering wheel. This will mean that you will not transfer germs to other environments. It will also help you avoid bio-specific accidents at works

Public Transport

public transport safety

Not all of us can be lucky enough to own our own cars. Instead, many commute to their place of work on either a bus or a train (i.e. The London Tube). According to Lloyds Banking Group, British workers actually spend around 492 days of their lives commuting to their work place. 33% of the people interviewed even said that the normal commute is usually crowded. In terms of catching the Corona Virus, this is where you can be most vulnerable.

A public commute can be a hazard in itself. You are mingling with a range of different people who come from all over your town, different cities or even from all over the country. Being in close proximity means that you have a higher chance of catching or spreading the virus. Remember to stick to social distancing rules if you can, or maybe ask if you can change up your working hours in order to avoid rush hour.

From the 15th of June, it will be mandatory to wear a mask on public transport. Make sure to combine this with hand gel when you get on and off your commute transport. That way you can avoid spreading germs you may have caught on the commute to work, especially as you are avoiding bringing germs into your work place.

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Cycling

Recently, the UK government has advised that if people are going to commute to work, it should be through greener vehicles. This includes walking and cycling. If you are going to try and do this, one of the most important things you need to do is plot out your route. That way you will know precisely which the safest areas are to travel around your city. You can also time how long it will take you to get to work and back, as well as how you can avoid other people.

However, keep in mind you may need to think of the other dangers that the road could present, whether you are a bike or a motorcycle:

  • Judge the weather to ensure no accidents can happen due to slippery surfaces.
  • Watch out for other vehicles on the road, especially if there are aggressive drivers.
  • Watch out for unseen vehicles during busy commuting hours.
  • Wear appropriate cycling protective gear, like helmets, gloves and cycling shoes.
  • Make sure your bike has received full maintenance and can work (i.e. make sure its breaks are not broken or you have a flat tyre).
  • Oil your chains and keep them clean to ensure no problems happen whilst you are on the road.
  • Make sure there are no hazards on the road that cause you to fall from your bike

If you do end up in an accident due to a cycling accident, Gowing Law Solicitors can help you claim compensation if the accident was not your fault. You do not have to go through a RTA case alone. Instead, you can have the support of a trained solicitor.

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In the Work Place

Unfortunately, the safety hazards do not stop when you arrive in the office. In fact, this is where social distancing may become more of a challenge. This is because you are going to spend most of your time trying to figure out ways of staying away from colleagues in your office. You can meet up with groups of up to 6 people as long as you keep your distance from them. However, if you do not want to risk this then you can tell your manager that you do not feel safe in your office. This could prevent accidents at work

stopping a work accident

If your workspace does not follow these regulations, and you do end up getting ill, then you have every reason to file an employer negligence complaint against them. After all, they have not taken the appropriate steps to ensure your safety. In fact, they have put you in harm’s way by asking you to come into an unsafe environment. That means accidents at work are practically imminent

The Three Categories of Hazards in the Work Place

  • Colleagues
  • Shared Work spaces, surfaces and equipment
  • Small work areas

Here is what you need to watch out for in relation to these different problems in the workspace.

safety in the office infographic

Keep hygienic when you are in the office and remember to wash your hands whenever you touch a different surface or piece of equipment. You may also want to consider washing your hands if you are going to eat or drink anything. That way you can avoid picking up germs on your food or beverages. This may sound paranoid, but it is the best way to ensure that all social distancing practices can be maintained. That way you can avoid any type of accidents at work.

For more information on the best practices to avoid bio-hazards in the work office, check out the UK Government’s latest advice through their website. It contains different details on various work environments.

What to do if you get ill as a result of a hazardous work environment/accidents at work?

There is only so much you can do to protect yourself from Covid-19. If your work environment does not employ the latest sanitation advice from the government then it should not be open for business. They have breached their duty of care for you and your fellow employees, therefore you could potentially claim compensation from them, either as a personal injury or in an employment tribunal.

Just remember, if you have symptoms you will need to self-isolate for 14 days. The same will be true for anyone who lives with you.

Gowing Law Solicitors can represent you and get you compensation!

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Getting Covid-19 at work could be classified as either employer negligence or an accident at work claim. You may feel a little worried about claiming compensation from your company. However, if you have the appropriate evidence to prove that their hazardous environment was the cause of your illness, you could be due compensation.

Before you leave your work space, make sure to take any notes or photographic evidence of any accidents at work. That way you can prove your company is not providing a safe environment. Working with a trained personal injury solicitor can help you figure out whether or not you could be owed anything. They work on a “no win, no fee” basis and also offer free advice and consultations. That way, you will always know what sort of claim you could make and what you could be entitled to.

Contact Gowing Law Solicitors now for more information about Covid-19 and your rights if you get ill. You need to be prepared for anything and we can help you remotely! Please call 0800 041 8350, email info@gowinglaw.co.uk or use our direct messaging system on our contact page.

We look forward to working with you soon to get you the compensation that you deserve. Just let us know the types of accidents at work you have experienced and we will help you.

Want to read more about work place hazards?

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At Gowing Law, we are dedicated to bringing our customers the latest information about different law topics. This includes information about the rights of employees during Covid-19 and how to create a will if you are feeling anxious about the future. Keep updated about the latest laws by looking at our blogging page. We would also be happy to write about any topics you may suggest. So, feel free to let us know what you would be interested in by emailing info@gowinglaw.co.uk.

Can I get sacked if I make a work accident claim against my employer?

If you have a work accident claim then you may be worrying about the impact it might have on your employer. Not everybody hates Mondays. In fact, a lot of people see their jobs as more than just their livelihoods. They enjoy going to work, seeing their colleagues and enhancing their skills in their profession.

Employers can do their best to try and prevent accidents. But occasionally they just happen. If you have had an accident at work then you may be considering whether or not you should file for compensation. Your injury may only be minor, but if it has forced you to stay off work without statutory sick pay (SSP), this can have a negative impact on your life, especially if you lose out on your wage. Worse still, you may be asking yourself whether or not this could affect your relationships with your co-workers. There is a lot to consider when you are making an accident at work claim.

It is important to remember that you need a way to support yourself whilst you are recovering from your injury. There will not be any hard feelings if you request what you are owed by your work place. You do not have to go through this alone. Working with an accident at work claims specialist from Gowing Law Solicitors can put you at ease and make sure you get the support and compensation you deserve.

Just remember it is your right to claim compensation if you have been injured.

Remote Working & Work Place Safety

For the last two months, the UK has been under lock down due to Covid-19. Whilst a large number of non-essential workers can still work from home with the help of video calls, VPNs and electronic communication devices, there are overs that need to be “on-site, on time.” Some essential workers, like hospital staff and construction workers, simply cannot do their duties from home. That’s why accidents at work can still happen. Not only do essential workers need to worry about the impact of Covid-19 on themselves and their families, but if their employer has not focused on the safety of their work environments, there is a high chance that work hazards could cause you to have an accident. This could include trips, falls, slips, hazards on the floor and unsanitary conditions.

Unless you are working from home, you should not be the person in charge of house-keeping. Instead, there should be a cleaning team and HR Staff that takes care of the cleanliness and risk assessments of the work place. That way any unnecessary injuries to staff can be prevented.

top tip about small injury

What causes workplace accidents?

If you are one of the people who have been told to go back to your workplace, it’s important to consider your workplace safety, especially if you are the main breadwinner of your family. If you have had any of the following accidents then it may be time to report it to RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations) in the HSE.

accidents in the work place infographic

It is important that you file a compensation claim as quickly as possible. Businesses are required to take out insurance and take note of any accidents that occur on their property. That way they can protect themselves against the liability of your accident and can do everything that they can to ensure you are fully cared for. Your employer has a duty of care towards you. That’s why you should not be worried about claiming compensation for your accident.

What am I owed from an injury at work?

Lots of people may ask “do I still get paid if I’m injured in the workplace?” Unfortunately, not all employers may pay you SSP. It entirely depends on what has been written into your contract. Whilst this may seem unfair, this just makes it even more essential that you check your contract to ensure it is there. You may even have the right to claim for additional sick pay if your accident at work has stopped you from working on-site.

If you have suffered from a work-place injury then you need to do everything you can to strengthen your compensation case. Here is what you need to do:

  • Report your accident to your employer as quickly as you can.
  • Ask your employer to help you contact medical help.
  • Ask to have your accident listed in your employer’s accident report book- If you are too injured to do it yourself then ask someone else to write it up and give you a copy.
  • Report the accident to the HSE or your solicitor to talk about compensation.
  • Ask your employer about SSP or compensation. Report any problems to your legal advisor.

It is your employer’s legal obligation to ensure that all risk assessments have been properly followed. That way they can build up the confidence of their staff when they enter the workplace. They have a responsibility of care towards you, especially when it comes to identifying potential hazards.

sick pay tip

Collecting your Evidence

No matter how bad your injury was, it is essential that you collect evidence of the accident to prove that it happened on work grounds. That way, if you do make a work accident compensation claim, it does not become a case of “he said, she said.” Instead, you can have photographic evidence to back up your side of the story. If you have become sick (i.e. with Covid-19), as a result of poor sanitation conditions at work, then you can document it.

You may also want to consider:

  • Taking pictures of your injury and the hazard that caused your accident.
  • Finding out the contact details of any witnesses.
  • Writing notes about the smaller details of the accident- You can also include drawings if they help you remember any additional details.
  • Asking your witnesses to make notes so you can compile them into a report.

Are there any risks of me being fired if I make a work accident claim?

compensation claim reasons

Naturally, if you are thinking about making a compensation claim for an accident, you probably have a number of worries floating in your mind. Have you had any of the fears above? These are completely normal.

On average, we spend around 1/3 of our lives at work. Therefore, it is crucial that you get on with your colleagues and boss, and feel comfortable in your work environment. You may be worried that if you try to claim work accident then this will ruin the atmosphere in your work. Worse still, this may anger your employer and it may force them to fire you. These are all worries that you will need to force before you are able to make your claim. But seriously, let’s put those worries at ease.

You cannot be fired for making a compensation claim for a work accident!

The worries that were stated in the image before are exactly that, just worries. You cannot be dismissed from your employment position if you are hurt in an accident. You may have been the one in the accident, but your employer still breached their contract of care towards you. This does not change even if you have a bad relationship with your employer, or you have caught an illness or been in a hurt by a hazard in the workplace. Anyone who has been injured has the right to seek compensation.

Your employer needs to ensure that you do not feel uncomfortable about making the claim. This is not about relationships or emotions. Instead, it is about getting you the money you deserve to help you recover from the accident. They will not cut or your wage or punish you for getting hurt. For instance, if you caught Covid-19 and your employer unfairly dismissed you, this could be an employment tribunal case in itself!

confidential compensation claims

How do I know that I won’t be negatively effecting my employer?

All businesses are legally required by the UK government to have a form of employer liability insurance. If they are not insured then they could be fined up to £2,500 per day. This is because they are putting their employees at risk should they have an accident at work or want to put in an accident at work claim. The UK government department of HSE will not stand for this negligence.

If you have an accident, then your employer can use their liability insurance to pay for your compensation. They will not have to pay for it out of their own pockets. Your fellow employees or employer will not be affected by your losses or injuries. So, why should you wait to claim? It is your right and you deserve to feel supported by your employer, even if you are off sick or are too injured to work for them. The longer you wait, the more likely you are going to forget crucial evidence. So, get in touch with a work accident claims solicitor as quickly as possible.

Can I be legally disciplined if the accident was my fault?

No. You cannot be legally disciplined. Your employer should have put in safety regulations in the first place to protect you against any hazards that you were unaware of in the first place.

It’s important to understand the different between getting hurt because of misconduct and because of an accident. If you were fooling around in a dangerous environment, or caused a hazardous situation because you wanted to impress your colleagues, then your employer can discipline you. This could be through a written or verbal warning. You know precisely what sort of behavior is expected of you, and you must be prepared to uphold it as best you can.

However, if you got hurt on account of negligence or because you were unaware of safety procedure, you can file a compensation claim against your employer for compensation. Your employer does not want to illegally discriminate against an injured employee, therefore if they do not know for certain whether or not your misconduct was the reason for the accident, it is likely that they will simply deal with your compensation claim. They certainly will not want to face an employment tribunal or a lawsuit against them and the company.

Why should I make a compensation claim?

It is your right to get compensation for any sort of injury that happened to you in the work place. It could be on a construction site or even in an office. If your environment is not safe for you and your fellow workers, this needs to be addressed. Be confident and bring this up with your employer. If they do not listen then it is clear that they were negligent and did not care about their employers. Empower yourself with a compensation claim:

what to do with a claim

How do I make a compensation claim against my employer?

An employer is legally responsible for the safety and welfare of all of their staff. That’s why it is your right to claim for compensation if you were injured during your work hours. Here is what you need to do if you have been hurt:

  • Note down precisely what happened and how you were injured and take notes from witnesses.
  • Report it to your employer and ask them to write it down in their incident book.
  • Go to medical or schedule an appointment with your GP. They can let you know if you need to take any time away from work to recover.
  • Record your injuries through photographs or daily diaries. You can claim compensation for both physical and psychological trauma, so it is good to keep notes on them.
  • Speak to your employer about sick pay and inform them that you intend to claim compensation from your injuries.
  • Speak to a trained accident at work solicitor to work with you on your case.

A trained lawyer will speak to you about all of the details of your case. Make sure to present them with an organized report of the event and any important details they may need to know. This includes information about your contract, your place or employment and how your employer is responding to your compensation claim.

Gowing Law Solicitors can help you with your work accident claim!

accidents at work button

Gowing Solicitors have trained accident at work lawyers that can help you get the compensation that you deserve. They offer free consultations and advice sessions that can help you get on the right track. If you do decide to work with us, we work on a “no win-no fee” basis. That means no matter what the outcome of your claim is, you will always end up on top. Work accident compensation claims can be tricky, therefore it is always good to have an experienced lawyer ready to guide you through your case. They will keep you up-to-date with the latest information about your case. Feel free to ask them anything you like, they would be more than happy to help you.

You can contact Gowing Law’s accident claims team in Manchester by calling 0800 041 8350, emailing info@gowinglaw.co.uk or using our direct messaging system located on our contact page.

Want to learn more?

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No one wants to go into a compensation case without understanding the basics of UK law. This is why you will find informative and detailed blogs about a range of different topics on our blogging page. This includes information on how to write a will, Covid-19 advice for employees and many other topics. If you have a blog topic that you want us to cover, we would be more than happy to oblige you. Let us know by emailing info@gowinglaw.co.uk.

We look forward to working on your case soon!

Covid-19: Legal Advice for all Employees

No one can deny that Covid-19 has changed the face of employment and the world of work forever. So many people have become the unfortunate victims of unfair dismissal due to the fact that their business has been locked down, or they have been unable to leave the house. That’s why it’s extremely important that you understand your rights. Whether you are still employed, have been furloughed, or have lost your job, it’s time for you to understand how you can take your fate into your own hands and figure out how to protect yourself and your family from any financial threats.

Overview: Covid-19 & Employment

As lock down hit the UK, it brought with it a feeling of uncertainty. Not everyone had been able to predict that they would lose their jobs, but as a result it had a knock-on effect that left them without an opportunity to go out and look for more work without putting their families at risk. The situation is in flux. What occurred last week may become obsolete by the time the next week occurs. That is how fast the situation is changing.

Now, smaller businesses and have been offered a life line called the bounce back loan. Within the first minute, Barclays received around 200 applications and Lloyds gained 5,000 applications within 3 hours. These loans go up to around £50,000, so hopefully this will protect employees that are currently on furlough and those that are working from home. Make sure to check out the government’s website for more information.

With the lock down still going strong, the basic gist of the situation is that the world of work is going to be changed forever. As an employee, you will need to get used to a new work environment, as well as figure out how you will undertake tasks whilst respecting the new social distancing regulations.

What has happened to your job?

No matter what type of career you have chosen for yourself, you will have to accept that you will have to make some changes to your daily life. Unfortunately, according to Citizens Advice, there are no policies in place yet to protect you from being dismissed by your employer. If they have been shut down then that is it. You cannot keep your job. Here are some examples of what you could be experiencing:

If you are an essential worker then you may find that you are made a priority when it comes to the work force. Your job may become busier or new health policies may be put in place. This includes social distancing, hand washing and face mask policies. Remote workers will still be paid their wage but will be have a VPN or method of communication to ensure that work will continue to be done. This will be suitable for office workers and, potentially, teaching staff.

However, things may be a bit more difficult if you are experiencing furlough or have lost your job completely.

Self-Employed Workers

Naturally, if you are a self-employed worker, you may also be starting to struggle with payments, customers or even wages owed to freelancers that you currently employ. But don’t worry! During this troubling time you are not alone. Instead, you could be eligible for a range of loans and grants from different financial service providers and the government. Some of these grants can go up to 80% of your profits up to £2,500 if you sign up to the Self-Employment Income Support Scheme. Check your options out now on the UK government’s website!

Furlough: Emergency Aid

If you have been furloughed then that means you are still being employed by a company, however it is not safe to go to work. You may be feeling a little frightened by this situation. On the 20th April 2020, it was confirmed that over 1 million people had been furloughed by their company and even now it’s predicted that around 9 million people will be furloughed in the future. That’s why it’s more important than ever to know what you, as an employee, are legally entitled to.

As you can see, if you have been furloughed you will still receive most of your pay to support yourself and your household. You also have the opportunity to go out and find an additional job if you are not making enough money. Remember, if you do find additional work, to inform your current employer. That way, when they rehire you then you can know when to keep your notice in.

If you are currently working for more than one employer, each of the employers can furlough you up to £2,500. That does mean you have the potential to earn higher than this allowance. However, keep in mind this depends on how much of a wage you were earning in the first place with all of your employers.

Are you not being paid through the Job Retention Scheme?

Before we start this section, make sure your employer knows about this video and knows about the Job Retention Scheme:

The Job Retention Scheme is designed to support businesses and keep their employees working, even if they have been furloughed or cannot travel to their place of work. That way they will be able to keep up their standard of living and support their families.

Not everyone can feel confident that their employer will actually pay them throughout the pandemic. Your employer may not have realized they could have used the scheme, or perhaps just told you not to work. Whether or not you can continue to be paid depends on what your employer has told you. Read this carefully:

  • “You are being made redundant”: This means that there is no work for you and you are no longer employed.
  • “Just go home”: There is no work or pay for you.
  • “You are being laid off”: This can mean that you are a still employed but you are not going to be paid, namely because there is no work to be done.

Make sure to check with your employer exactly what they mean by their phrasing. In some cases, they may have simply said the same thing. That means you can still have the chance to be paid through furlough and even have a second job. You can then remind your employer that they can backdate your pay to the 1st March. If they refuse you, make sure to ask them for a reason why and to give you it in writing .From there you can contact the Citizens Advice Bureau for help.

Employment Status Wording

It is the worst thing in the world to know that you have been laid off from your job. One minute you felt secure and that you had control over your life. Now, you may not know how you are going to afford groceries or support your family. It is a truly scary time. Some people are handling it better than others, but every person has their own personal story and situation.

If you have been made redundant or have lost your job, there are three things you need to check for before you do anything:

  • Has your employer had a group consultation if they have made more than 20 people redundant?
  • Have you been chosen for a fair reason?
  • Has your employer discriminated against you?

If you feel like you have been let go for an unfair reason, and have worked at the company for at least 2 years, there is a chance that you could file for unfair dismissal compensation due to the Covid-19 pandemic. Tribunal claims for unfair dismissal can be filed before 3 months have passed since you had been out of work.

Looking for a New Job

One of the main things that we need to stress about being made unemployed is that you need to find a new job fast! Yes, you can apply for benefits. But the Corona Virus has affected a lot of different people and has put them in the same situation as you. That means the waiting times for benefits are longer. The best thing you can do is try to find remote work that can pay you enough to get through the next few months. Start looking on Indeed, TotalJobs, LinkedIn and many other job websites to get started.

Remember to also look after your mental health. Losing your job can make you feel like the world has crashed around you. But it doesn’t have to be like that. Think of this experience like the tide. It has just gone out and taken everything with it, but soon it will come in and refill the dry sand with water. Use the time to think of your mental health and to make yourself feel better with apps like Headspace and Calm. You may also want to start looking into free online courses that can be used to fill out your CV. Turn this loss into an opportunity.

Gowing Law Solicitors can help you with your unfair dismissal tribunal!

Gowing Law has a number of unfair dismissal solicitors in Manchester that are ready to help you with your claim. Our staff members are currently working remotely, but we can still contact you in order to work through your case.

Make sure to provide our experienced unfair dismissal lawyers with as much information as you can about your case. You may also want to send your previous employer a letter of complaint. That way you can let them know that you intend to pursue legal action.

Contact Gowing Law Solicitors now to set up an initial consultation. We can do it over the phone or set up a call to help you. We offer free advice to our clients and work on a “no win-no fee basis.” That way you will always come out on top. Message info@gowinglaw.co.uk or call 0800 041 8350 now to talk to our specialists about what you could earn now in compensation.

Check out our older blogs for more information

We want to make sure that you are kept updated about the most useful law information during this difficult time. This includes information on the basics of PPI tax claims and mis-sold mortgages. If you can think of a topic, we will make sure to write about it. That way, you will never be in the dark about what sort of compensation you could be owed. Make sure to take a look at our blogging page to read more.

Keep safe and secure. Stay at home and save lives.

Good luck!

Unfair Dismissal Claims & Covid-19

Covid-19 has turned the world on its head. There is no denying that, especially when people are fearing for their jobs due to unfair dismissal. Over the last few weeks, the world has changed from a bustling hive of businesses and social contact to a country filled with empty streets and ambulance sirens.

For any employment lawyer, such as the professional Manchester experts from Gowing Law Solicitors, a regular scenario is for employers to misuse their power to keep employees working in a way that will benefit their business. However, as we are now facing a pandemic, it is essential that businesses do three things:

  1. Follow government advice for social-distancing and the safety of employees
  2. Cut costs in order to keep the business running for as long as possible
  3. Keep the business open to ensure that life can relatively continue on as per usual

Whilst this may sound good in theory, it can be more difficult when it is put into practice. In order to save money, and in some cases to save the business, workers have either been furloughed or unfairly dismissed. That’s why it’s more important than ever for workers to understand their rights, especially if their employers cannot afford to stay open.

If you feel like your livelihood is being threatened due to unemployment, this is the article for you. There is a high chance that you have been unfairly dismissed. Due to this, you may have the opportunity to make an employment dismissal claim against your employer.

Unsafe Work Spaces

It is funny to think that the video displays what was only a “scenario” for the UK a month ago. Now we are all dealing with these plans in normal life. Before the lock down, we all knew the fear a little while ago when we still had to travel on public transport to work. You could visibly see people flinch whenever someone even attempted to cough. However, not all workplaces seem to harbor the same fears.

Whether you feared for your own health, the health of your family or perhaps the health of a vulnerable person, the government encouraged remote working due to how quickly the virus has spread. Employers should now be focused on the health and well-being of their employees.

The UK Government has advised these employer rules to start with:

The Risk of Job Loss

Yes, Covid-19 has caused a bit of chaos within the workplace, but if you keep an eye on government policy, you should be able to deal with it if you are an employer.

However, not all employees are as lucky.  Whilst some may have been allowed to bring all of their business home to work whilst practicing social distancing, others simply may have lost their jobs altogether. Take the hospitality industry, for instance.

On the 17th March 2020, the BBC announced that the hospitality industry was at risk of

“thousands of closures”.

If you work in this industry, this is your job on the line. According to research from LinkedIn, although some people have done well due to the virus, around 28% of surveyed people have been forced to use their savings in order to keep their lives stabilized. As well as this, nearly a quarter of furloughed workers have struggled to keep up with their mortgage repayments or have been unable to afford rent payments. This is all thanks to the idea that they have either been furloughed or have been let go from their job.

The Job Retention Scheme

Now, before you think about making an unfair dismissal claim, it’s important to speak to your employer about your rights and how they plan to keep your job safe. Even if you are being forced to work from home, or have been furloughed, your employer may be obliged to still pay your wages if they take part in the Corona Virus Retention Scheme. This scheme is designed to help businesses retain their employees for around 4 months. Check out the video below for more information:

Are you the victim of an “automatic dismissal?”

You’ve probably heard of an unfair dismissal before. To put it bluntly, it is when you are fired from a job for an unfair reason. However, you probably haven’t heard of an automatic unfair dismissal.

How can this help you?

Have a look at the options about what could consist of an automatic unfair dismissal. It is all about the health and safety of the employee, aka. Staying away from the office due to it becoming a dangerous environment. As this is a circumstance of serious danger, you did have the right to refuse work whilst this danger continued. This means that you should have been protected from any unfair dismissals.

You cannot see where the Corona Virus is in your office, therefore it is clear that this should have meant you had a good reason to be protected from losing your job. Your employer may have also ignored the government advice for staying safe from the virus, including social distancing, PPE or deep cleaning the environment. They may have also not allowed you to work remotely if you lived with a high-risk family member that was trying to self-isolate.

All you were doing was trying to keep your family and yourself safe. You should not have been dismissed because of this. Keep in mind that it is not about your employee’s state of mind. Instead, it is about yours and how you choose to react to the pandemic.

Overall, this means that you could be entitled to compensation.

Additional reasons why you may have been unfairly dismissed

Now, we are in a time where the main reason why you may have been dismissed is due to the lock down. But remember this may not be the case for everyone. You may have also been made unemployed due to the fact that you:

  • Refused to give up specific working time rights (i.e. breaks).
  • Asked for flexible working hours.
  • Resigned whilst giving the correct notice period.
  • Applied for leave as a vulnerable person (i.e. pregnant, ill or old).
  • Became a “whistle blower”, aka. Exposed something wrong in the work place.
  • Were forced to retire.

Employment Tribunals & Your Rights

If you have been unfairly dismissed, Gowing Law Solicitors can help you with this. You can get compensation that can support you and your family as you try to get through the pandemic- or at least until you find another job that allows you to work remotely.

The first thing you need to think about is whether you unlawful treatment is just an unfair dismissal, or whether it has also involved discrimination or unfair deductions from your wage. This can add to your case, but remember to stick to the main facts about your dismissal. That is what is going to make the difference between whether or not you have a claim.

To get compensation, you (or Gowing Law’s top Manchester employment solicitors) will go to an employment tribunal. A tribunal will make a decision on whether or not you are entitled to compensation.

Make sure to make your tribunal claim within 3 months of being dismissed from your job.

Qualifying Periods

An important thing to note about unfair dismissals is that they also depend on how long you have spent at your place of work. You need to have worked through your probation period and need to be classified as an employee.

A qualifying period includes:

  • After 6th April 2023: Two years
  • Before 6th April 2012: 1 Year

Making an Unfair Dismissal Claim

Once you have contacted ACAS about your employment tribunal, you will be given an ACAS early conciliation certificate number. You will then need to gather as many details as possible about your claim, including the background, dates and the people/company involved in the case. Gowing Law Solicitors, the top Manchester lawyers for unfair dismissals, can help you gather this evidence and fill out a claims form.

When your court date comes, you will be expected to bring this evidence with you into the courts. Your Gowing Law Solicitor can come with you to provide support. A judge will then listen to your case, the evidence and any additional examples you may have to prove that you were unfairly dismissed.

The decision will then be either made on the day or it will be sent out to you via the post.

Gowing Law Solicitors can help you get compensation!

Even though we are all working at home remotely to avoid catching Covid-19, Gowing Law Solicitors can still help guide you through your claim. You didn’t deserve to lose your job. In the blink of a month, life has been completely changed. Therefore, you deserve support to help you cope with our new reality.

Gowing Law Solicitors has some of the top employment claims lawyers to ensure that you get a good outcome on your case. You are entitled to compensation and a Gowing Law Solicitor will always have your back.

Call 0800 041 8350 or email info@gowinglaw.co.uk for more information!

Have you read our other blogs?

As we are all currently in lock down, there’s no better time than now to learn about the world of law and your rights. Our blog page covers a wide range of topics, including the basics of PPI and miscalculated mortgages! Make sure to check out our main blog page to see if any of our titles interest you.

Keep Home & Keep Safe

It is a scary time for all of us. We fear the worst for ourselves, our friends and our family. Being apart from each other can be difficult in times of hardship. This is a battle within ourselves that we must overcome for the sake of the people we love and want to keep safe. Do your part to stop Covid-19. Keep social distancing and working remotely. It’s the only option we have now!

Good luck!