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Posted By Debbie Spowart
We have an employee (a driver) who two weeks ago requested a friday and monday off work. This was declined due to other staff already having time off.
On Thursday of last week he came back into work at the end of his days drving, scribbled in an accident form, didn't sign it and went home saying he'd hurt his back.
On Friday morning he rung in and said his doctor had told him to have strict rest. Our director tried phoning him all day (landline and mobile) and went to his house 4 times - Guess what no reply. We left a letter through his door.
We have tried again today, to no avail although he has rung from his mobile. When we said that the director had called to see him, he became evasive and said that he had gone to a chiropractor (all day!!)
This now needs reporting to RIDDOR as hes been off work for more than 3 days - but we are not certain that he has actually injured himself anyway.
Help Please. What do I say to RIDDOR
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Posted By Heather Aston
Debbie
I would wait a few days and see if he comes back to work. The carry out an accident investigation - totally sepearate from the "were you at work" (disciplinary) investigation that I can see coming here!
Get him to tell you exactly how he says he hurt himself, when he went to the doctor, what the doctor said and what he has done since. Do not involve yourself in the truth or otherwise of the allegations at this stage - get his side of the story and emphasises that this is because you have a legal requirement to report under RIDDOR.
On reporting, make it crystal clear on the form that this is merely his side of the story - there are no witnesses and he did not follow company accident reporting procedure (I assume he did not from what you say). I always find the words "employee alleges that" are very useful. HSE can read between the lines - Fri and Mon off for a "hurt my back, no witnesses, not properl reported" accident - you will be very unlikely to hear from him. I would NOT mention your suspicions about this being unoffical holiday on the form - you can't prove it and the 2508 would be evidence in any civil claim.
Let HR deal with the disciplinary side - if justified. Make a note of the suspiscions about this not being a genuine incident - with any corroborating evidence and keep it for if/when the claim comes in.
Luckily there aren't too many who really swing the lead.
Heather
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Posted By Chris Black
Debbie
quite simply you have to report the facts without conjecture or qualification. I have filed several reports over the years that are clearly spurious but have always found that the requirement to report the facts outweighs any doubts I have over the veracity of the claims. I have always been of the opinion that any attempt to put forward anything other than a straight answer to the questions asked is liable to attract unwelcome attention from the HSE or others.
Yes, it is unfair that this will appear on the records and might have an adverse effect on your business at some point in the future in terms of enforcement or insurance costs, but it's a hard life and these things happen. As long as your bosses know the full story then it is best just to report, finish the investigation and move on to the next battle.
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Posted By Neil Pearson
I don't agree with Chris. This is NOT reportable if it isn't a genuine work-related back problem. Establish whether it is first, preferably with the help of a qualified occ health practitioner.
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Posted By Robin Gonard
Although it seems like the employee just wants to skive off, this is probably still reportable. There is nothing saying in RIDDOR that you cannot add the information that you give about 'doubts' in your report.
When reports are dealth with in HSE, this can be deleted if the inspector thinks this is not strictly reportable and not all accidents warrant a full investigation.
I then suggest that you tke disciplinary action if necessary. This may also mean that you need to strenghthen your procedures as to informing the company when they are first off sick and time when you are going to pay the statutory sick pay (a lot of companies only start paying after a few days when self-certified or straight away with a doctor's note). If you have an occupational health provider, do make use of them and refer the employee (you can offer physiotherapy as part of the service).
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