Can I be sacked for pursuing a personal injury claim against my employer?

We understand that if you have had an accident at work you may be reluctant to pursue a claim against your employer. You may be worried about how it will affect your relationship with them and that they might go so far as to dismiss you for bringing a claim.

However, the Health and Safety at Work Act 1974 means that all employers owe their employees a duty of care. They must ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees.

In the many decades of undertaking personal injury compensation claim work and the thousands of cases we have pursued in that time, we have never known of a client to be dismissed for pursuing a personal injury compensation claim against their employer.

Employers’ liability insurers handle almost all cases

In the vast and overwhelming majority of cases employers leave it to their employers’ liability insurers to deal with the claims process, and the claim has no bearing whatsoever on the employer/employee relationship.

Employers’ liability insurance has been compulsory in the UK since 1969. Any claim for personal injury damages will be dealt with by the insurer, not the employer, so their involvement in the case is usually very limited. Indeed an insurer may refuse to indemnify an employer if they fail to promptly notify them of a claim.

The employer’s insurance usually pays any compensation awarded as well as the legal fees incurred when an employee brings a personal injury claim against them. So, the employer should rarely be out of pocket as a result of your injury claim.

Protections for employees are in place

If a rogue employer were to retaliate in some way, statutory protections exist to protect employees exercising their right and to ensure they have a safe and secure working environment.

An employee with two years’ service has the right to claim unfair dismissal in terms of the Employment Rights Act 1996. An employer cannot dismiss an employee unreasonably, meaning they need to provide a valid reason for terminating their employment. Bringing a claim for personal injury damages is not one of the potentially fair reasons for dismissal.

For those employees, or workers, who lack the right to claim unfair dismissal, there are other protections against an employer subjecting them to a detriment. Where the claim discloses a risk to the health and safety of employees in the workplace, or a failure to comply with a legal obligation, then this may be regarded as a protected public interest disclosure (whistleblowing).

Email Gordon Milligan
Call our personal injury claims team free on 0808 560 0872
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