Sunshine2015
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If an employer had someone in a role where lifting bags of laundry was part of the job and provided no manual handling training and the employee is now out with back complaints what recourse does that employee have should she go down the route of not returning to work and taking constructive dismissal case or going down a different route? I have a family member in this situation and she is very stressed employer is not being at all supportive
If employee CHOOSES not to return to work, then where is the CONSTRUCTIVE DISMISSAL?
"Constructive dismissal is where a person has had to resign due to the employers conduct. In this case, the argument of the OP would be that due to the failure of their employer to meet their statutory duties around Health and Safety in the workplace, injuries the employee suffered as a result and the failure of the employer to deal in a constructive manner with the issues meant they had no choice but to resign. OP had to prove that their resignation was justified"
at no stage is this inferred in the original posting.
OP had an accident at work doing a job that they were not trained for and employer is not being supportive in resolving the issue. If the OP is not in a position to return to work due to the actions of her employers, there is a reasonable argument for CD
I'm not so sure it's that clear cut. There's no onus on the employer to alter work practices to make allowances for an employee who now suffers from a bad back or other injury. I was involved in a case previously with an guy who got injured outside of work and was not capable of returning to full duties, the legal advice at the time was if he didn't show for work and perform the usual duties, it could safely be assumed he had relinquished the role. Thankfully we're a nicer company than that so after giving him over 6 months paid off to attempt rehab, when that didn't work out he was offered redundancy.
So if the OP's job always involved moving heavy bags of laundry, and the employee is now and forever incapable of that, then the employer does not have to adjust the role to account for this.
However, there is definitely something in the lack of training provided in manual handling and the injury incurred and their handling of an injury sustained in the course of their work.
The OP hasn't posted since the original question, if you're still reading, I'd strongly advise your relation follows Sue Ellen's advice and avail of the experts.
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