AI Legalese Decoder: Unlocking Workplace Secrets to Free Healthcare Holdouts in England
- July 20, 2024
- Posted by: legaleseblogger
- Category: Related News
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Head Injury Incident: A Difficult Night at Work
The Incident
Last night, I suffered a head injury just before starting my shift. Despite feeling okay initially, I began to experience severe symptoms, including ear bleeding, extreme headaches, dizziness, and disorientation due to impaired hearing in one ear. I repeatedly asked my manager to let me go to the hospital, but they refused. I also requested to be the first person to be released that night, as I had started my shift first, but they denied my request.
The Work Environment
I work in England and have been employed at this company for three months. Despite having multiple staff members and managers on shift, they refused to let me leave. The manager claimed that the best he could do was help me complete my tasks, but he couldn’t simply let me go. During the close, I was working slowly, and it didn’t make sense why I couldn’t leave if he was already handling the majority of the tasks. Eventually, he relented and allowed me to leave.
Seeking Medical Attention
I went to the hospital and was sent to the Accident and Emergency department. The medical professionals diagnosed me with coleflower ear and severe swelling. They informed me that the dizziness, faintness, and disorientation were caused by the head injury and the impairment of my hearing in that ear due to swelling. I was advised to rest, stay home, take medication, and ice my ear.
Resignation and Concerns
I have written an email to my employer informing them of my immediate resignation. I am still on probation, which means I do not have a notice period. I am worried that I may have grounds for a complaint, but I am also concerned that filing a complaint could backfire on me in some way.
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- Assessing potential liability: The AI can assess the potential liability of my employer for not allowing me to seek medical attention when I needed it, and for potentially exacerbating my injuries.
- Drafting a complaint: If I decide to file a complaint, the AI can help draft a clear and concise complaint that outlines the issues I experienced and the relief I am seeking.
- Providing legal guidance: The AI can provide general legal guidance and advice on the next steps I should take, including potential legal actions I may be able to take against my employer.
By using AI Legalese Decoder, I can gain a better understanding of my rights and options, and make informed decisions about how to proceed with my complaint and potential legal action.
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****** just grabbed a
You don’t need to ask permission to leave in a medical emergency, you just leave. You can put a complaint in, doubt anything will come of it.
You just leave and tell them your leaving! Your an adult and make your own decisions. I don’t understand why you won’t just leave
If you are quitting the job and want to complain, what’s the outcome that you want?
You were told you couldn’t leave, but you are an adult and could have left at any time. It’s insane to think that you had a head injury requiring a hospital visit and didn’t go because your boss told you not to.
[removed]
Well, of course you can complain. You can complain about anything you like.
What are you hoping to get out of it?
The Employment Rights Act 1996 prohibits employers from subjecting employees to a detriment who leave the workplace or (propose to leave the workplace) because they reasonably believe there would be a serious and imminent risk to their health or safety were they to stay there. I expect the intent behind this clause is *because the workplace is unsafe* but I can’t see why it wouldn’t apply if – say – you reasonably believed you may have a concussion, whereupon continued exertion is known to risk lasting brain damage. Here you would argue that the detriment was itself being forbidden from seeking medical treatment for a head injury.
*If* this applies to these circumstances – someone more knowledgeable than I may be able to advise – then it is *possible* that you may have a claim for constructive unfair dismissal.
This is when an employee is left with no choice but to resign with immediate effect because the conduct of their employer seriously contravenes their rights. If this relates to something that is “automatically unfair” in the Employment Rights Act 1996 which would be referrable to an employment tribunal, which health and safety cases per the above do, then the employee’s resignation is to be treated *as if* the employer had unfairly dismissed the employee, regardless of how long the employee has worked there.
The question, though, is whether this was a serious contravention of your rights in this regard, and again, I’m not entirely sure whether it would apply here. Hopefully one of the resident employment boffins on here can show up and add some clarity.
No employer can force you to remain, at all, let alone to seek medical attention. Just leave.
NAL but work in EMS, I attended an unwell patient who had had to secretly ring us because their manager wouldn’t let them. Said manager then attempted to muscle their way into the assessment of the patient and demand details, as well as insisting they are not allowed to leave work.
They were informed rather directly that: no they aren’t being told anything unless the patient themselves volunteers that information, to get their foot out of my ambulance as they are currently preventing us carrying out our duty which is an offence, and if they attempt to prevent the person leaving to attend hospital they can discuss it with the police instead, including refusal to release the patients personal belongings from the workplace.
They were unimpressed, but they got the hint. I was shocked, and this was a very large and very well known corporation. We also had a conversation with our patient about how they may be wise to consider a change in employer.
This is so bizarre.
You are sick and wanted to seek medical attention. So you just leave. It’s really simple.
Have you never taken a single sick day in your working life?
Always grounds for a complaint whether it goes through or not is another question and being you’ve only been there 3 months and about to email your resignation they may bush it under the rug but on the hand they may actually take this very serious since it was a head injury and the facts there was other injuries also your swollen ear bleeding, headaches dizziness and so on I think maybe HR would like to see this as it wouldn’t look good on the company that they’ve allowed to happen.
In terms of it backing firing your resigning anyway so wouldn’t make no difference as you won’t be there for it to back fire on you.
I question why you actually went to work instead of using your right to call in sick and get it treated.
You’re an adult. You had a serious injury where blood was pooling in your ear.
Why you bothered to ask for permission is a mystery. No job is more than your safety and wellbeing.
The fact you’ve typed up a resignation and have no care to continue the job, baffles even more why you waited in that shift and didn’t just tell them you’re away to the hospital and let them deal with their shit.
“Wouldn’t let you” but you’re not an indentured servant though, are you? Nor is this school? I think it’s a life lesson to be a bit more assertive honestly.
You do realise that you chose to stay in work ??