Hi all,

I was wondering what happens if an employee is injured a couple of days before they no longer work for a company, eg retirement, changing jobs etc.

And if you do not hear from the person again and cannot contact them, do you still report as a RIDDOR even though working days have not exceeded 7?

Hope you understand the question and thanks in advance.

Pete

For retirement I would say pretty straight forward - if it is seven days to the retirement date when the accident happens it would be impossible to accrue the necessary days required for an "over" report, anything before hand would be a yes.

If they are transferring to a new employer typically the actual finish date and the paid up to date are different due to holiday allowance being used up.

If they have an accident three days before their finish date but this is eight or more "available" days before their paid to date it is highly likely they would not be available for normal duties had they been asked and so a report would be required.

If the finish and paid to date are the same then providing the accident has not occurred before the final seven counted days no report would be required as they would no longer be your employee when the report is due.

When you consider most people leave a current employer on a Friday (Thursday for Bank Holidays) and start with their new employer on a Monday (Tuesday for Bank Holidays) there are potentially up to four unemployed days which the regulations would count had employment been continuous through the period.

Not sure but the requirement to report  is in Reg 4(2)“Where any person at work is incapacitated for routine work for more than seven consecutive days (excluding the day of the accident) because of an injury resulting from an accident arising out of or in connection with that work”

So if the injury happened arising out of in connection” with work it must be reported  even if the person was no longer an employee at the end of the 7 day period.

How a judge might interpret it, is difficult to second guess but adopting  a  purposive approach you could say that they purpose of the legalisation is to ensure that workplace accidents are reported to the HSE. So allowing an employer to avoid reporting an accident because an employee was no longer employed might encourage employers to simply sack people.  

Originally Posted by: A Kurdziel

allowing an employer to avoid reporting an accident because an employee was no longer employed might encourage employers to simply sack people. 

Except such activity by an employer would be indefensable at an employment tribunal.