injured 1st week of job

[nexxusone]

injured myself on day 5 of training (in company) for new job, hence no job offer the following monday as injury ( arch of foot/tendons ) can take up to 12 weeks to heal (average 6 weeks)

 

so as I havent sent jsa booklet back as never signed a employment contract, what and how am i gonna explain this to job centre without getting sanctioned... i did 1 week of training of 40 hrs. got injured and then 'lost/never got job...'

 

I'm self certified 1st week and doctors already got notes from hospital and a visit yesterday to issue my sick note on this coming friday. but im due to sign wednesday at j/c

[Emmzzi]

Did you get paid during training?

[nexxusone]

not yet, but I think so, yes to being paid for it- but there is a clause about training to be paid for if employment left within 6 months, up to a £1000 gbp!! but i've never signed a contract or been given a rota of hrs (recovery driver) that was T.B.C this monday gone and i injured myself the previous friday. when I said I will be off 6-12 weeks with tendon injuries - was told we'll have to call it a day. Also failed to put in accident book even though i told the control room and owners son in law (owner at another seperate premises)

[Emmzzi]

OK. If you get paid it'll come off your JSA but otherwise just explain to job centre as you have here, taking drs note.

[nexxusone]

i wont get a drs note till thursday/friday as self cert till then

[Grotesque]

If he was training, surely he was still 'employed'? Admittedly with as few employment rights as it is possible to have I guess, but still a worker. And employee?

[Emmzzi]

If he was training, surely he was still 'employed'? Admittedly with as few employment rights as it is possible to have I guess, but still a worker. And employee?

 

I reckon so unless it was a work scheme. But only employed for a week.

[Grotesque]

Well, that might be all it takes; the reason I ask is because, at an Interim Relief hearing (admittedly) a couple of years back, a fellow who had been dismissed was found to be still employed- and the employer deemed to have recognised it- by the fact that ONE POUND had been paid into his account as 'wages'. So it doesn't take a lot to be recognised as a worker / employee, whatever titles are used!

[Emmzzi]

Grotesque, what good will it do being recognised as a worker? sick during probation = sacked during probation with no comeback, generally

[Grotesque]

MZ, regarding the JSA, it could be relevant.

[Emmzzi]

MZ, regarding the JSA, it could be relevant.

 

Please explain exactly how it is relevant. Cryptic replies are of no use the the OP.

[Grotesque]

Why do I need explain it to you? You touch on it- vaguely rather than cryptically- in Post #4; how much use that was, we have yet to ascertain. Caio!

[nexxusone]

hi a little update

 

now on esa for injury to foot, I did 1 week(classed as on job training) mon to fri as i thought an employed person with hours to be sorted following week (as a recovery driver), hours to have been 0830 till 1730 mon to fri and every other weekend on call fri,sat,sun night and on call mon,wed,fri night 1 week and then tues and thursday next week and repeat etc.

 

Well obviously even though 1 was sent out on own after 3 days and doing job unaided, i didnt get the job offered to me following monday (injured fri and hospital sat) as off sick (self cert) when phoned in told cant keep job open for the (up to) 12 weeks for foot to heal (tendons ripped, stress fractures and muscle damaged) so got sick note applied for esa.

 

put down 1 week of earnings of 40hrs @ £7.50p/h well here's the kicker simply not been paid anything by ex employer as they claim training cost more than wage.... what do I do now? would i be right in asking for 1 weeks pay and 1 weeks notice by formal letter 1st and then issue a et1 if no reply?

Edited September 4, 2013 by nexxusone

[Emmzzi]

what does your contract say about sick pay and notice periods?

 

you know it costs to go to ET now? No longer free.

[nexxusone]

no contract seen let alone signed, just a phone call where I was told cant keep job open, that they dont pay sickpay - goodbye and gone from phone...... does et1 still cost the £130 ish + vat (just going for unpaid wages and 1 weeks notice) even if on benefits and or jsa? i am in reciept of esa (although they haven't paid it yet got letter saying getting it)

i'm trying to get a copy of some relevant info out of employers handbook from another driver (who is leaving/left as well) he was the longest serving driver at 2 months (yes months) service... so you see how erm good (or not!) the company is to work for.

[SweetLorraine]

Hi nexxusone,

 

perhaps the small claims court might be the best way forward?

[citizenkain]

it seems a tad unfair this,did your potential employer tell you or was it in your contract somewhere that the cost of training was taken off you if you had an accident? surely if you were training you would still be in their works insurance in some fashion,I dont think you can take someone on a training course,they get injured and you just dump them?,they dont do that with horses!

[nexxusone]

tbh they break lots of laws, the tacho law being one, i should of been on tacho for a trip on 3rd day and they just said dont bother using it.... Ive not seen a contract or handbook and was basically asked you got safety shoes - here's yellow hi vis get on with it.... so i shadowed another driver for 2 days as a helper then on 3rd day sent out with owners son for 2 trips (me as driver) and he came back said I was capable of doing on own and that was it. it was on job training ( i had been a recovery driver before for 3 yrs) so more a refresher than a true training from scratch

[nexxusone]

total nightmare the employer has failed to pay me a penny and i have now been told my j.s.a MAY be sanctioned as I left job!!! err no I did not! feel like banging head against brick wall.

 

if I do get sanctioned can my partner and I legally switch roles and I look after child (20 months- i can do this eyes shut) and she signs on for j.s.a.? can they refuse to let her sign on if i'm sanctioned? she probably has more chance of getting a job now as 18 years younger than me and has worked for Argos ( 3 times), A4E (lol) and several shop jobs etc. TBH she'd rather work than be a stay @ home mum and I have no problem as a house hubby and if i do say so myself.... does a better job than she does!!

[Atlas01]

i think you need the benefits forum for some of this but you didn't leave the job nullifying the training costs argument, they chose not to employ you any longer

 

"was told we'll have to call it a day"