My husband works for a prestige car dealership, he was towing a huge show unit that was too heavy to be safely pulled by the vehicle (he didn't know this). The weight of it tipped forwards causing the wheels of the car to leave the road..the car and the unit were rolled several times off the road. He was then off sick with broken ribs, bruises etc for 2 weeks. He had already had a week off on holiday this month so that meant he was out of the office 3 weeks out of 4.
He has just gone back to find out that he was paid stat sick pay of £16 a day..all his deals had been paid to his colleagues who had delivered the cars he sold.Because he didn't hit target (he wasn't there most the month) he has been told unless he reaches an impossible target he will be sacked!!!
He has also been told that his watch that was smashed isn't insured on the works policy!!!
Basically he hasn't been given a penny and they have taken his wages off him.
Where does he stand legally???
2006-09-04 07:51:31 · 10 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Note...they will be in big trouble as the car shouldnt have been towing on trade plates plus the unit was too heavy???
What is going on...he was fine at work before this...no probs at all.
2006-09-04 07:52:45 · update #1
I wish I could take this case. If what you say is true then I could clean up for both of us. There are issues here, not just in employment law but in tort as well (my favourite subject.)
You really do need to talk to a solicitor. This could get messy because the employer may and probably will argue contributory negligence on the part of your husband.
This won't let them off but could significantly reduce the level of compensation. By the way, it is not just personal injury they are liable for but also personal loss.
You really should see a solicitor as soon as possible.
good luck.
2006-09-04 09:30:54 · answer #1 · answered by LYN W 5 · 1⤊ 0⤋
Rather than his firm threaten him they should be pretty worried. Apart from risking the life of an employee and passers by they've flagrantly broken Health and Safety Rules by ordering your husband to do something that is both dangerous and illegal. Tell him to speak to a specialist solicitor on a no-win , no-fee basis. Also make sure that his costs will be covered as an extra to any claim and not as part of his compensation. He needs to write down exactly what happened from the time he was told to drive the vehicle and by whom to the things he was told and by whom after the accident. If he can get hold of copies of any job sheets or written instructions he should do so. Apart from this what they are threatening to do to him if he doesn't meet impossible targets is also illegal. It's called constructive dismissal and is where a company makes it impossible for someone to work there so that they usually resign. Tell him not to do this. He must be dismissed with a full written reason. That way he has evidence to support his claim. If he is wrongly dismissed, provided he has worked there for two years or more, he could claim substantial compensation. In future tell him to find a decent company to work for. As far as his watch is concerned is it just the company telling him this or has the insurance company refused to replace it? If the latter then he has a claim against the company for losses sustained during his employment. He should ask for the name and address of the insurance company and their policy number. He could then check with them.The company should have full Employers' Liability Insurance and Public Liability Insurance together with Loss of Earnings Protection. If they haven't they 're breaking the law. There should be copies of the Employers Liability Insurance Certificate on display for all staff to see on the premises.If he gets no satisfaction he should report them to the police and Health and Safety people at the local Council.
Good luck. Hope it turns out well.
2006-09-04 15:20:46 · answer #2 · answered by quatt47 7 · 0⤊ 0⤋
This is not an issue to be resolved on y! Answers. I could spend an hour researching it, but my opinion would still be worth what you paid, which is nothing.
You need to present your facts to a solicitor specialized in employment law. If you can prove that the employer knew, or should have known, that the trailer was unsuitably towed and they instructed your husband to tow it anyway, this case will prove very expensive for them.
You can doubtless get a lawyer to handle the case on a no-win-no-fee basis.
Good luck.
2006-09-04 14:57:46 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Yes, go an see a solicitor, making sure you've written down all of the events, to the best of his recollection, including times, dates, sequence of events, doctor's and medical reports and valuation of watch etc. Good luck.
2006-09-04 14:59:41 · answer #4 · answered by Roxy 6 · 1⤊ 0⤋
Its Questions, Bubbles! If you don't like it then piss off somewhere else! Moron.
Most solicitors will give free advice and advise how best to proceed. Check them out in the phone book or on line!
2006-09-04 15:53:57 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Personal Injury Claim calling!!
Its a health and safety issue - speak to a lawyer, there may be Employment Law issues too... raise a grievance about it.
2006-09-05 14:00:31 · answer #6 · answered by button_mushroom_x 3 · 0⤊ 0⤋
You'd be better off with citizens advice. Solicitors will promise you the earth, charge the earth and get you little.
2006-09-04 18:18:17 · answer #7 · answered by deadly 4 · 0⤊ 0⤋
Most solicitors offer a free half hour to hour of advice, I suggest you use this.
Good Luck!
2006-09-04 14:57:01 · answer #8 · answered by Anonymous · 1⤊ 0⤋
You need a solicitor. Try looking here:
http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law
2006-09-05 05:26:49 · answer #9 · answered by Anonymous · 0⤊ 0⤋
boring, why do people have to right a whole book as a question???
2006-09-04 14:57:41 · answer #10 · answered by NOT TELLING YOU LOL 5 · 0⤊ 5⤋