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Fear that I might have been fired from work due to reporting pain in leg

Game of Thrones Fan

I recently started a new job as a scientist in a factory. However, having started there I've become aware that my lab isn't set up yet, so they've put me doing other jobs.

This week I was put doing a job that involved lifting pallets out from underneath a 1 tonne bag (lifted by a fork lift) and then dragging them a significant distance. Anyway I woke up yesterday morning with a sore left groin. I didn't know why, or have much time to think about it, but when I was put doing this task again yesterday (third day of it), it made sense how I got the pain. The position I was in and the movement required was clearly what was causing it. I didn't feel I should have to continue.

It was a hard decision to make but I decided to notify the lab supervisor that I had a pain in my upper thigh. After all that what we were informed to do during our H&S / manual handling induction talks. I think she was a little suspicious when I notified her of this. I had already mentioned another safety concern I had to her two days prior, and that was about the proximity of the 1 tonne bag.

Later on, by chance, I saw this supervisor bump into the guy, who was working moving pallets with, in the yard as he was going for his tea break. I saw them talking for a bit. A few minutes later, I went for my own tea break and after a while this supervisor stuck her head in the door looking for me. When I went out to her she told me that the head manager said to take the week off (unpaid)! I replied "I'll take the weekend off and see how I feel". She eventually said that the main manager was over in her office and that I could go over and see her.

So I went over and had a quick chat with the manager. She didn't seem like she wanted to even know how this happened to me, nor did she take a note of it. At one point she said "well, it's not the factory's fault... people have been doing job like that for years and have never had any complaints". This is the same factory where someone had the top of their finger chopped off a few weeks ago.

There were four other science grads taken on full time the same week as me and none of them are doing repetitive physical work. I also know from having spoken to the supervisor that she doesn't even understand what the job that I was doing involves! The manager made the excuse that the only reason I'm doing this task is just to get a sense for what's going on so I'll know where such samples come from when their sent over to my lab. That's complete nonsense. They're using me as a store house worker even though I was hired as a scientist.

Surprisingly it's feeling a lot better today, but that was only because I took the precaution in stopping early. I'd like to know what employee rights do I have in this situation. I think I'm going to show up on Monday and clock in, and request that we sit down and have a talk about my situation.

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The Bishop Basher

Ignore the shop stewards on here OP. They are giving you terrible advice.

As has been mentioned a few times, if you want to get on in any career, sometimes you’re just going to have to suck **** up and get on with it even when it’s not in your job description and especially when just starting out.

Chalk this one up to experience and learn from it OP and don’t go chasing ghosts at the WRC.

Put that time and energy into finding your next job.

AngryHippie

All the legal talk aside....

Was the pain from an actual injury, or just from exertion ?

AngryHippie

STB. wrote: »

Up to 2 years remuneration can be awarded for constructive dismissal.

Not during a probation period

STB.

Enter name here wrote: »

He was there for a week and as stated previously judgements are not legally enforceable against an employer

What you said was

Enter name here wrote: »

He wasn't employed for enough time for any case whether it be unfair dismisal or constructive dismissal

Enter name here wrote: »

Neither of which the OP has any claim to. .

[Deleted User]

STB. wrote: »

Was the one were it was someone 3 months into the job on probation of no use ?

Probation = probation
Procedures = following them

i read it. its nothing similar. of particular contrast to this instance is the relevant line "The Court was satisfied that the claimant was not provided with a warning or details of any performance issues"

the op here was given his/her explanation and wished the best of luck in reapplying

similar case, one week- have you one?

its ok to say you havent. we'll wait.

STB.

Deleted User wrote: »

name the case where the worker a week in the job wins any similar claim

we'll wait.

Was the one were it was someone 3 months into the job on probation of no use ?

Probation = probation
Procedures = following them

Enter name here

STB. wrote: »

They have access to the legislation I have quoted.

Far be it for me to point out to you that employees on probation have access to both the ones quoted.

Happy reading.

http://www.arthurcox.com/publications/fair-procedures-required-dismissing-employee-probation/?utm_source=Mondaq&utm_medium=syndication&utm_campaign=View-Original

He was there for a week and as stated previously judgements are not legally enforceable against an employer

Not to mention even trying to find a legal representative to facilitate such a claim.

[Deleted User]

STB. wrote: »

They have access to the legislation I have quoted.

Far be it for me to point out to you that employees on probation have access to both the ones quoted.

Happy reading.

http://www.arthurcox.com/publications/fair-procedures-required-dismissing-employee-probation/?utm_source=Mondaq&utm_medium=syndication&utm_campaign=View-Original

name the case where the worker a week in the job wins any similar claim

we'll wait.

STB.

Enter name here wrote: »

Neither of which the OP has any claim to. I hope that you are funding the OP's legal challenge are you. The OP was under a probation period and did not meet the requirements of the position case dismissed.

They have access to the legislation I have quoted.

Far be it for me to point out to you that employees on probation have access to both the ones quoted.

Happy reading.

http://www.arthurcox.com/publications/fair-procedures-required-dismissing-employee-probation/?utm_source=Mondaq&utm_medium=syndication&utm_campaign=View-Original

ziedth

The place sounds a bit iffy to me OP and while it was a bit ****ty to have you lumping pallets around I'm afraid I fall on the side of "you should have just kept your head down"

You said yourself you have had a tough time of it finding work and the age old saying of it's easier to find a job when your in a job is as true today as it ever was.

You got treated pretty poorly granted but you have done yourself no favours. Learn from this and draw a line under it

Calltocall

Enter name here wrote: »

He does deserve a participation award though, that how it works nowadays isn't it?

I don’t want to mock the guy but life can throw a hell of a lot harder stuff at you than lifting pallets, there is a certain element of putting your shoulder to the wheel when starting out in a new job, fair enough if it turns out to be months where he’s still lifting pallets that’s different but a week in! I think the OP will learn a more valuable lesson by accepting that and not going after his employers for letting him go. Take it as a life lesson.

Enter name here

STB. wrote: »

It is you that needs the education. Natural justice and fair procedures cant be just ignored.

I was not talking about the protections of the Unfair Dismissals Acts 1977-2007.

The relevant legislation is

S13 of the Industrial Relations Act, 1969 (as amended) for unfair dismissal.

And the Health, Welfare & Safety at Work Act 2005.

Also thought you would like this additional info:

While awards under the Industrial Relations Acts are not legally enforceable against an employer, employers with a significant union presence, particularly those in the public sector, will find it difficult to side step the moral authority of the Labour Court. A refusal by an employer to be bound by a Labour Court decision could create unexpected industrial relations consequences by, for example, increasing worker disaffection or adversely affecting staff morale.

NEXT claim please.

sonofenoch

A 'Scientist' lifting pallets! .....sorry but I Lold

Enter name here

Calltocall wrote: »

Toughen up OP. It can be hard out in the big bad world.

He does deserve a participation award though, that how it works nowadays isn't it?

Enter name here

STB. wrote: »

It is you that needs the education. Natural justice and fair procedures cant be just ignored.

I was not talking about the protections of the Unfair Dismissals Acts 1977-2007.

The relevant legislation is

S13 of the Industrial Relations Act, 1969 (as amended) for unfair dismissal.

And the Health, Welfare & Safety at Work Act 2005.

Neither of which the OP has any claim to. I hope that you are funding the OP's legal challenge are you. The OP was under a probation period and did not meet the requirements of the position case dismissed.

Stheno

STB. wrote: »

Perhaps you should get back to your caravan forum. WRC claims appear nowhere on CV's.

A WRC claim does not preclude seeking employment.

This guy may have been unfairly dismissed and his P45 will have his previous employer on it. The WRC adjudications are anonymised for both employer and employee.

It will be the OP's decision and not some yes man like yourself, who no doubt has never stood up for themselves.

No such thing as P45s any more and even if there were not necessary to give it to a new employer.

The op has very little recourse here in reality

STB.

Enter name here wrote: »

He wasn't employed for enough time for any case whether it be unfair dismisal or constructive dismissal. And just in case you need some further education.

It is you that needs the education. Natural justice and fair procedures cant be just ignored.

I was not talking about the protections of the Unfair Dismissals Acts 1977-2007.

The relevant legislation is

S13 of the Industrial Relations Act, 1969 (as amended) for unfair dismissal.

And the Health, Welfare & Safety at Work Act 2005.

knockers84

STB. wrote: »

Perhaps you should get back to your caravan forum. WRC claims appear nowhere on CV's.

A WRC claim does not preclude seeking employment.

This guy may have been unfairly dismissed and his P45 will have his previous employer on it. The WRC adjudications are anonymised for both employer and employee.

It will be the OP's decision and not some yes man like yourself, who no doubt has never stood up for themselves.

1) In a job a week.
2) Suing a company for been let go as had to lift a couple of pallets and bitch and moaned about it to my boss.
3) I’d be ashamed of myself. Just get on with and stop been a compo claiming bitch!

STB.

peasant wrote: »

Putting a long, drawn out WRC proceeding on your CV isn't exactly a job getter either.

Perhaps you should get back to your caravan forum. WRC claims appear nowhere on CV's.

A WRC claim does not preclude seeking employment.

This guy may have been unfairly dismissed and his P45 will have his previous employer on it. The WRC adjudications are anonymised for both employer and employee.

It will be the OP's decision and not some yes man like yourself, who no doubt has never stood up for themselves.

Enter name here

STB. wrote: »

Up to 2 years remuneration can be awarded for constructive dismissal.

Don't sprout ****e you know absolutely nothing about.

He wasn't employed for enough time for any case whether it be unfair dismisal or constructive dismissal. And just in case you need some further education.

"In general, you must have 12 months' continuous service with your employer to bring a claim for unfair dismissal. Under the unfair dismissals legislation in certain cases the 12 months' service is not a requirement."

"However, there are important exceptions to this general rule on 12 months’ service. Even if you have served for less than 12 months, you may bring a claim for unfair dismissal where you are dismissed for:

Trade union membership or activity
Pregnancy, giving birth, breastfeeding or any matters connected with pregnancy or birth
Availing of rights granted by the Maternity Protection Acts 1994 and 2004, the Adoptive Leave Acts 1995 and 2005, the Paternity Leave and Benefit Act 2016, the National Minimum Wage Act 2000, the Parental Leave Acts 1998 and 2006 and the Carer’s Leave Act 2001
Making a protected disclosure under the Protected Disclosures Act 2014."

So as you can see the employee has grounds for nothing. Also forgot to mention constructive dismissal occurs when an employee is forced to resign to which the OP has stated he did not.

peasant

STB. wrote: »

He now had no job and has nothing that he can put on his CV as being fired is something you never include.

Putting a long, drawn out WRC proceeding on your CV isn't exactly a job getter either.

jackboy

dubrov wrote: »

I'm sorry but that is complete BS. I am not saying the OP is right to take a claim but you seem to trying to scare employees from taking a claim for any reason.

If you think the top guys give a toss about a minor claim you are mistaken. There is no way they would take the risk to tell their HR department to blacklist an individual based on a claim they heard from someone else.

Sure it can happen in small circles but the industries you list are much bigger than that.

It’s 100% true in the bigger industries. It’s done a lot subtler than telling HR to blacklist an individual.

knockers84

STB. wrote: »

Up to 2 years remuneration can be awarded for constructive dismissal.

Compo culture in full swing here.

OP just get on with it and good luck in your new job hunt. Whatever food/pharmaceutical sector your in don’t tarnish your name. Believe me when I say all the people in the same sectors know each other extremely well and different companies have meetings the whole time, this is particularly through in factories to do with food.

Live learn and forget

STB.

peasant wrote: »

That would have been me ...

And now you're telling the OP to "man up" channel all his sense of injustice and stick it to "the man" with the full power of the law.
Why don't you call in the Avengers while you're at it?

Jeez...the OP was at it for a week.
Something like this, you look at it with hindsight, realize it could have been handled better by all involved, learn from it and move on.
You do not blow it all out of proportion, take it to WRC and ruin your career before you ever had one.

You (STB) seem to have some issues of your own with current or previous employers...go fight your own battles...don't send out some poor youngfella to do it for you by proxy.

Hardly surprising that it was you. Big man eh.

There is right and wrong. This chap tried to do what he was told to keep to keep people happy, even though it was outside what he was hired to do. The manager sensing a claim and exposing that they had the OP doing something he wasn't employed to do, fired him.

He now had no job and has nothing that he can put on his CV as being fired is something you never include.

See that last sentence, Don't pretend to know me.

_Brian wrote: »

It’s such a short time you should be able to leave it off your cv and nobody will notice.

I gather the OP is upset that they have been fired. Fired for doing something they weren't hired to do.

dubrov

knockers84 wrote: »

Most of the head guys know all the head guys from areas in the same field such as pharmaceutical, dairy, grains, foods etc and have tours of their sites

They all have contacts!!! Believe me!!!

I'm sorry but that is complete BS. I am not saying the OP is right to take a claim but you seem to trying to scare employees from taking a claim for any reason.

If you think the top guys give a toss about a minor claim you are mistaken. There is no way they would take the risk to tell their HR department to blacklist an individual based on a claim they heard from someone else.

Sure it can happen in small circles but the industries you list are much bigger than that.

jackboy

STB. wrote: »

Up to 2 years remuneration can be awarded for constructive dismissal.

Good luck with that in this case.

STB.

jackboy wrote: »

The company will be fine.

Up to 2 years remuneration can be awarded for constructive dismissal.

_Brian

It’s such a short time you should be able to leave it off your cv and nobody will notice.

peasant

STB. wrote: »

I couldn't care less. I am simply correcting people, especially those who said "man up".

That would have been me ...:D

And now you're telling the OP to "man up" channel all his sense of injustice and stick it to "the man" with the full power of the law.
Why don't you call in the Avengers while you're at it?

Jeez...the OP was at it for a week.
Something like this, you look at it with hindsight, realize it could have been handled better by all involved, learn from it and move on.
You do not blow it all out of proportion, take it to WRC and ruin your career before you ever had one.

You (STB) seem to have some issues of your own with current or previous employers...go fight your own battles...don't send out some poor youngfella to do it for you by proxy.

knockers84

jackboy wrote: »

The company will be fine.

True, blacken your name and get a couple of grand if you do win or not blacken your name and get another job in your local area.. I know what I would rather.