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Author Employment issue
baza31
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Registered: 19th Apr 03
Location: yorkshire
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24th Sep 13 at 20:04   View User's Profile U2U Member Reply With Quote

I have a mate who was asked to move a large object which weights 150kg roughly. This piece of equipment was scrap and was getting taken for scrap . The lad in question has been moving equipment far too heavy and has previously hurt himself and told his company . Now the boss has said today after he's got a sick note its his own fault and if he can't work he's no job to come back to.

This lad by the way is a proper grafter and just gets on with job , he's had no training on lifting and he knows he shouldn't of tried loading at that weight he knew his boss would get rid . He is far from the claiming type . Is it down to him or his boss ? Surely the company has a duty of care to supply him with lifting equipment if its part of job ? Can he sue his mates for taking piss out of him
BarnshaW
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Registered: 25th Oct 06
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24th Sep 13 at 20:13   View User's Profile U2U Member Reply With Quote

pretty sure they cant fire him for being off sick and with a genuine sick note
baza31
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Registered: 19th Apr 03
Location: yorkshire
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24th Sep 13 at 20:18   View User's Profile U2U Member Reply With Quote

That's what I said but his gaffer is meant to be a right cunt . I think he's a gypo
spencer88
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Registered: 6th Oct 08
Location: cornwall
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24th Sep 13 at 20:20   View User's Profile U2U Member Reply With Quote

Pretty sure 27kg roughly is the maximum lift for a single person in regards to Health and Safety.
Ian
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Registered: 28th Aug 99
Location: Liverpool
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24th Sep 13 at 20:31   View Garage View User's Profile U2U Member Reply With Quote

WTF, 150kg?

Doing what with it? I can only assume dragging it across the floor?
baza31
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Registered: 19th Apr 03
Location: yorkshire
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24th Sep 13 at 20:31   View User's Profile U2U Member Reply With Quote

Is there a weight for pushing something ? Him and another lad had to move it but it fell onto him . Beauty is his gaffer won't pay him anything and its been a week or so it's happened. Am dead against people suing and claiming but from knowing the lad and how straight he is the boss deserves all he gets if it can be proved he is in wrong
baza31
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Registered: 19th Apr 03
Location: yorkshire
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24th Sep 13 at 20:34   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Ian
WTF, 150kg?

Doing what with it? I can only assume dragging it across the floor?


He said they was lifting it onto something but when it's been put down its fell towards him and he's grabbed it but its dragged him down


Like I say it's daft but wage dictates I suppose
Ian
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Registered: 28th Aug 99
Location: Liverpool
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24th Sep 13 at 20:38   View Garage View User's Profile U2U Member Reply With Quote

So 75kg of lift each?

That's ridiculous and I would expect completely illegal to even ask people to do that, never mind ignore them when they injure themselves.

Is the boss saying that the lad shouldn't have attempted it? I can see some logic in that. But you'd need to know whether machinery was available / whether he had the option to not try.
baza31
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Registered: 19th Apr 03
Location: yorkshire
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24th Sep 13 at 20:49   View User's Profile U2U Member Reply With Quote

No machinery and yeh the lad got a job sheet to move it. He can't even drive van as its too painful going over bumps
Ian
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Registered: 28th Aug 99
Location: Liverpool
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24th Sep 13 at 20:57   View Garage View User's Profile U2U Member Reply With Quote

So its on the sheet to move it, but the boss is saying its his fault he injured himself doing so?
harrisp
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Registered: 15th Dec 07
Location: Derbyshire
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24th Sep 13 at 21:14   View User's Profile U2U Member Reply With Quote

It sounds very similar to our place, one lad had a sick note for a bad back and conveniently got layed off

Another lad has had to have scans and physio on his back and they make it as difficult as possible for him to go to is appointments.

I had to load a 150kg fan into my transit by hand the other day because everyone had gone home and they wonder why everyone in our company seems to be injured
alan-g-w
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Registered: 9th Nov 07
Location: Glasgow
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24th Sep 13 at 21:15   View User's Profile U2U Member Reply With Quote

H+S law is that the guideline maximum weight for a male is 25kg, 17kg or something for a woman but there's no legal maximum weight, whatever you feel comfortable lifting is allowed. I think this might be the first time a manual handling course at work has come in remotely useful
Bart
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Registered: 19th Aug 02
Location: Midsomer Norton, Bristol Avon
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24th Sep 13 at 21:37   View User's Profile U2U Member Reply With Quote

The trouble is these small companies rarely have any consideration (or understanding for one of a better word) for employee H&S, and have a work ethic more focused on completing the job quickly rather than safely.

If he has that on his worksheet, has had no formal lifting training, I would encourage him to take the necessary time off as prescribed by his doctor and if his employer wants to sack him, I would ask for it in writing with a full explanation detailing why.

Along with his job sheet, he'll be able to go to town on his ass.
John
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Registered: 30th Jun 03
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24th Sep 13 at 21:55   View User's Profile U2U Member Reply With Quote

I work for a small company, in real life it's not quite as easy as just saying that doesn't follow h&s rules. Trying to lift 150kg then being surprised when something bad happens means that no common sense has been applied.
Rob R
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Registered: 31st May 03
Location: Kent
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24th Sep 13 at 22:15   View User's Profile U2U Member Reply With Quote

If he gets tic tac'd for that then one of them "injury lawyers for you" esque companies would take his boss to the cleaners.
Gary
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Registered: 22nd Nov 06
Location: West Yorkshire
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24th Sep 13 at 22:42   View Garage View User's Profile U2U Member Reply With Quote

John is right, but as you seem to be able to claim for getting a cold he may as well put one in!
gazza808
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Registered: 30th Jun 08
Location: Peterborough
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25th Sep 13 at 06:34   View User's Profile U2U Member Reply With Quote

Burn the place down with Said boss inside.
May go to prison etc, but he'll feel better.

On a serious note tell him to get down the free advice place the government run? While he's off.
Irc can't really remember the name now.

[Edited on 25-09-2013 by gazza808]
DaveyLC
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Registered: 8th Oct 08
Location: Berkshire
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25th Sep 13 at 07:32   View User's Profile U2U Member Reply With Quote

There is clearly only one solution!

Break into the bosses house, drug him then whisk him away to one of the commercial units that has recently been cleared out.. Now carefully re-enact a scene from SAW until he begs for your forgiveness..

Simples!
andy1868
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Registered: 22nd Jun 06
Location: Burscough, Lancashire
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25th Sep 13 at 07:38   View User's Profile U2U Member Reply With Quote

he would davey, but he's got a bad back
DaveyLC
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Registered: 8th Oct 08
Location: Berkshire
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25th Sep 13 at 08:49   View User's Profile U2U Member Reply With Quote

Jigsaw was riddled with cancer.. Man-up!
RichR
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Registered: 17th Oct 01
Location: Waterhouses, Staffordshire
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25th Sep 13 at 09:06   View Garage View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Gary
John is right, but as you seem to be able to claim for getting a cold he may as well put one in!


or worse just being tired!!

We have another case going on at the moment where a laminator was using a back/wheel board to polish the underside of a hull in for repair. He wheeled out from under the boat, stood up and caught his back on the chine of the boat; no real damage, a bit of a graze at most. He's been off for 24 weeks now and has now developed depression as a result of the medication for his back problem as well as being depressed about not working!!

Best one was a designer who we had in on contract, he design the internal deck layout of a cabin boat we were building. He moved a set of steps and climbed on to a boat which was moth balled, unlocked the back door, walked inside carrying a deck plan and promptly fell down a hatch into the bilge, a hatch he'd designed!!! He sued us for a severely twisted ankle.

I'm not sure I'd ever like to be an employer given the current state of dealing with employees
Tom G
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Registered: 4th Aug 08
Location: Cheshire
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25th Sep 13 at 11:27   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by LiVe LeE
quote:
Originally posted by Gary
John is right, but as you seem to be able to claim for getting a cold he may as well put one in!


or worse just being tired!!

We have another case going on at the moment where a laminator was using a back/wheel board to polish the underside of a hull in for repair. He wheeled out from under the boat, stood up and caught his back on the chine of the boat; no real damage, a bit of a graze at most. He's been off for 24 weeks now and has now developed depression as a result of the medication for his back problem as well as being depressed about not working!!

I'm not sure I'd ever like to be an employer given the current state of dealing with employees


Depression is real and so is an addiction to prescribed medication. People can jar there back out and have no mark whatsoever so i don't know what your getting at? If you employ people who you don't trust then address the problem.
RichR
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Registered: 17th Oct 01
Location: Waterhouses, Staffordshire
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25th Sep 13 at 11:31   View Garage View User's Profile U2U Member Reply With Quote

There is nothing wrong with the guy at all, it is categorically about claim culture in this case. Two days after he had his 'incident', he was found taking photographs of the boat at lunchtime whilst the laminating shop was deserted.
RichR
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Registered: 17th Oct 01
Location: Waterhouses, Staffordshire
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25th Sep 13 at 11:35   View Garage View User's Profile U2U Member Reply With Quote

Or another case where a previous employee tried to sue the company two years after leaving for 'contracting' dermatitis in his role as a laminator even though on his induction form he noted his medication for the condition and there was further proof that it was pre-existing.
Lee_fr200
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Registered: 8th May 11
Location: West Yorkshire
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25th Sep 13 at 11:44   View User's Profile U2U Member Reply With Quote

if the boss has told him to get help when lifting and the lads ignored it then its his fault

if the boss hasnt given him any health and safety info or anything then the boss cant get rid im pretty sure the lad would br able to sue for unfair dismissal plus his injury

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