Rank: Guest 
|
Posted By Christopher
Company A has a SLA with an Occupational Health Department at local hospital. Employee of Company A is referred to OHD. OH nurse gives advice. It is later identified that OH nurse did not have the competence in terms of knowledge, skills or experience to provide the written assessment that influenced the employer in their course of action (Evidence produced in a report in which she stated these facts.) Employee now wishes to sue!
1 Who can employee sue?
2 Does anyone know of any case law I can refer to?
3 The individual is now outside the 3 month limit for Employment Tribunals.
Any help that can be provided would be helpful
|
|
|
|
|
|
Rank: Guest
|
|
|
|
|
|
|
Rank: Guest
|
Posted By Christopher
Arran
Would it be more acceptable if I asked for advice? Or even what action would you take in similar circumstances?
My understanding is that I am simply seeking advice/guidance as to the legal position. I am not seeking a response for the individual to quote in a court. Simply potential information directions to follow on their behalf.
I thought that this was meant to be an information sharing forum!
|
|
|
|
|
|
Rank: Guest
|
Posted By Arran Linton - Smith
Christopher,
Unfortunately your thread has rung ethical warning bells in my head. If you are seeking professional advise, (or thoughts) on a professional (and public) forum, this potentially could prejudice any future claim.
|
|
|
|
|
|
Rank: Guest
|
Posted By Smurfer
Christopher,
If you are an IOSH member you can get FREE legal advice over the telephone. Might be helpful...
|
|
|
|
|
|
Rank: Guest
|
Posted By Steve Cartwright
The best advice I can give you is go and see a solicitor.
If you go to the Citizens Advice they can arrange a meeting with a solicitor. I think the first consultation is free. I may be wrong.
Steve
|
|
|
|
|
|
Rank: Guest
|
Posted By Christopher
Thanks everyone, but it isn't for me. I have since had an email from an IOSH member who knows me personally, and he has been really helpful.
|
|
|
|
|
|
Rank: Guest
|
Posted By Adrian Watson
The employee may sue the nurse or the nurse's employer, if it can be shown that the nurse's negligence caused loss.
The nurse has a common law duty of care and a professional duty of care. The nurse's employer has vicarious liability for the nurse.
The 3 month limit is irrelevant. The relevant time period is three years from the date of loss or from relevant knowledge. Seek legal advice.
Regards Adrian Watson
|
|
|
|
|
|
Rank: Guest
|
Posted By Adrian Watson
Arran,
How could seeking information on the web site potentially prejudice any future claim?
Regards Adrian
|
|
|
|
|
|
Rank: Guest
|
Posted By Merv Newman
Your appearance in court could, potentially require you to disclose your sources of information. Which could, potentially, require your sources to be summoned to give evidence.
That's us. Few of us can qualify as expert witnesses. And could have our professional reputations destroyed by decent lawyer.
We do not want to go down that route.
Get a lawyer.
Merv
|
|
|
|
|
|
Rank: Guest
|
Posted By Adrian Watson
Sorry Merv,
No way! Sources of information would not be witness of fact nor an expert witness.
Regards Adrian.
PS. Getting a solicitor is good advice!
|
|
|
|
|
|
Rank: Guest
|
Posted By Christopher
Thanks Merv. I think you've got it wrong. This forum is simply the airing of perspectives and thoughts. If I was to air this in a classroom situation and students gave their views, would all the students who joined the discussion have to agree to appear in court. I think not. I am not asking for your qualifications, simply calling on your anonymous experience.
However, it does prove a point. CDM and clear cut legislation, participants have not got a problem with contributing. However, anything potentially controversial and we seem to be out of depth in fear of expressing our views on this forum.
|
|
|
|
|
|
Rank: Guest
|
Posted By Mike Craven
Christopher
Your final comment is unwarranted and uncalled-for; there are hundreds of different threads on these forums/fora, many of them don't deal with the more simple, prescriptive H&S issues and a lot of people are quite happy to give their opinion and express a view.
Your subject is headed one for the "legal eagles" and the posting outlines a specific case which appears to be quite serious and may result in legal action being taken. On that basis, I would suggest that you aren't looking for the views of the man in the pub, who believes all that he reads in the Daily Sport and drives a white van (they do sometimes lurk on this public forum!!) - apologies to any safety professional who might fit that description - but were looking for a definitive legal response. That is probably why you have been recommended to seek professional advice from a solicitor.
Mike
|
|
|
|
|
|
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.