Workplace accidents can be distressing enough without the added worry of job security. Many employees wonder if sustaining an injury at work could lead to dismissal.
In the UK, employment law offers protection, but there are specific circumstances that may allow an employer to end a contract lawfully.
This blog explores your legal rights, when dismissal may be lawful or unfair, and what options are available to you if you’re sacked following an accident at work.
Is It Legal to Be Dismissed After a Workplace Accident in the UK?
In the UK, being involved in a workplace accident isn’t lawful grounds for dismissal. Employers must show a valid reason and follow fair procedures under the Employment Rights Act 1998.
Dismissal may occur if gross negligence or misconduct is proven, but if you’re sacked solely for the accident without a fair investigation, it could amount to unfair dismissal.
- A workplace accident does not automatically justify dismissal
- Employers must show fair and legal reasons for termination
- Failure to follow proper procedures could be deemed unfair dismissal
Additionally, the dismissal must be reasonable in the circumstances. Even if the reason is lawful, if the employer acts harshly or disproportionately, it may still be unfair.
What Legal Grounds Can Justify Dismissal After a Work Accident?
While an accident alone isn’t a reason for dismissal, there are situations where legal grounds could justify termination.
Capability and Qualifications
If the accident has left you unable to perform your duties long-term, and all reasonable adjustments have been considered and exhausted, dismissal due to lack of capability may be lawful. This must be backed by medical evidence.
Gross Misconduct
If the accident resulted from reckless behaviour, serious policy violations, or intentional harm, the employer might claim gross misconduct. This can include ignoring safety protocols, deliberate rule-breaking, or endangering others.
Redundancy
If the role becomes redundant due to organisational restructuring and not because of the accident, this could be a fair reason. Employers must ensure the redundancy process is transparent and justifiable.
Statutory Restrictions
If your injury or circumstances result in legal restrictions (e.g., inability to operate machinery or drive), and no alternative role is available, dismissal may be justified.
Substantial Reason
Employers can dismiss for other “substantial” reasons like breakdown of trust or refusal to cooperate after an accident. These reasons must be clearly explained and evidenced if challenged.
Employers must also follow a proper disciplinary or capability procedure before termination. Skipping these steps could make the dismissal legally unfair.
Can You Be Fired for Making a Claim Against Your Employer?
Filing a personal injury or unfair dismissal claim after a workplace accident is your legal right. Employers are prohibited from firing you simply because you exercised this right.
If you’re dismissed after initiating a claim, this could be classified as automatic unfair dismissal. Such cases typically involve whistleblowing or asserting health and safety concerns.
Moreover, your employer’s liability insurance is designed to cover such claims, and the claim itself is usually handled by the insurer, not your employer personally.
It is also worth noting that you cannot be dismissed for participating in activities related to health and safety if you’re acting as a representative or raising concerns in good faith.
What Is the Employer’s Duty of Care in Preventing Accidents at Work?
Employers have a legal obligation to create a safe working environment for all employees. This is outlined under the Health and Safety at Work Act 1974 and other UK regulations.
Key Responsibilities Include
- Conducting thorough risk assessments
- Providing appropriate training and supervision
- Supplying personal protective equipment (PPE)
- Ensuring machinery and systems are maintained
- Creating and enforcing health and safety policies
Negligence May Occur If
- You were injured due to broken equipment
- You were not trained to use the tools provided
- You lacked access to safety equipment
- You weren’t made aware of potential workplace hazards
| Duty of Care Element | Employer Responsibility: |
| Risk Assessment | Identify and mitigate risks regularly |
| Training | Provide adequate safety and job-specific training |
| PPE | Supply and maintain protective gear |
| Maintenance | Ensure all machinery and tools are safe |
| Incident Reporting | Maintain accurate accident logs and reports |
Employers also have a responsibility to act on near-misses and employee feedback. Ignoring these can increase liability in the event of an incident.
What If You Were Partially at Fault for the Accident?
Being partially responsible for a workplace accident doesn’t necessarily mean you can be lawfully dismissed. In many cases, accidents happen due to shared responsibility between the employee and employer.
For example, if you failed to wear PPE, but your employer never provided sufficient training or enforcement, both parties may be partially to blame. This is known as contributory negligence.
In such cases:
- Your compensation may be reduced (e.g. 50% if equally at fault)
- You may still have a valid unfair dismissal claim
- Dismissal is not automatically justified without investigation
It’s also essential for the employer to assess whether the issue was a one-off mistake or part of a pattern of behaviour. One mistake rarely justifies dismissal unless it’s serious.
What Happens If You’re Dismissed While on Long-Term Sick Leave?
Long-term sickness due to a workplace injury can complicate your employment situation. While dismissal is legal in some circumstances, it must be approached cautiously.
Employers must follow fair procedures before terminating your employment:
- Consultation: Employers should discuss your recovery progress
- Medical Evidence: Employers should request reports or conduct occupational health assessments
- Alternative Work: They must consider if other roles or adjustments could suit your condition
- Reasonable Adjustments: For disabilities, adjustments must be made under the Equality Act 2010
| Requirement | Employer Obligation |
| Consultation | Discuss health status and return timeline |
| Assessment | Obtain medical opinion or GP fit note |
| Adjustments | Modify duties or hours if possible |
| Fair Dismissal | Must be the last resort, after all options explored |
Even if you’re no longer capable of doing your job, your employer should exhaust all options to retain you before moving toward dismissal. Failure to do so could constitute discrimination or unfair dismissal.
Can You Make Both a Personal Injury and Unfair Dismissal Claim?
Yes, in many situations you may be eligible to file both a personal injury claim and an unfair dismissal claim.
- Unfair dismissal claims must be filed within 3 months of the dismissal date
- Personal injury claims allow up to 3 years from the date of the accident or when you became aware of the injury
These claims are handled separately, one by an employment tribunal and the other through civil courts. Having legal representation ensures both claims are processed correctly without conflict.
You do not have to choose between one or the other if your employer was negligent and your dismissal was unjust.
How Do You Bring Legal Action After Being Dismissed for an Accident?
Taking legal action involves a series of clear, timely steps that should begin immediately after dismissal. Acting quickly strengthens your case and ensures you meet critical deadlines.
Step 1: Seek Legal Advice
Consult an experienced employment law or personal injury solicitor. They will assess your case, explain your options, and help you build a strong legal strategy.
Step 2: Identify the Claim Type
- File a personal injury claim for any physical injuries and related financial losses (e.g. lost earnings, treatment costs)
- File an unfair dismissal claim if your termination was unjust or the correct procedure was not followed
Step 3: Meet Deadlines
- 3 months from dismissal to file a tribunal claim
- 3 years from the accident or awareness of injury to file a personal injury claim
Step 4: Consider Representation
Union members may access free legal support. Non-members can seek help from “no win, no fee” solicitors. Gather all relevant documents like emails, medical reports, and accident records to support your claim.
The more documentation and evidence you can provide (emails, medical records, accident reports), the stronger your case will be.
What Should You Avoid When Signing Settlement Agreements?
Settlement or compromise agreements are legally binding documents often offered when terminating employment.
They usually include:
- A final compensation payment
- An agreement not to pursue future legal claims
Cautionary Points Before Signing:
- Legal Advice: Always consult a solicitor before signing
- Hidden Clauses: Ensure the agreement does not waive your right to a personal injury claim
- Informed Consent: Understand exactly what rights you’re giving up
- Employment Claim Impact: Be cautious if you’re pursuing tribunal or court action
| Risk | Impact |
| Waiving injury claims | May lose right to personal compensation |
| Accepting low offer | You might be entitled to more |
| No legal review | Agreement could be unenforceable |
Remember, your employer is often required to cover the cost of independent legal advice for the agreement, so make sure your rights are fully protected before signing.
Conclusion
Being dismissed after a workplace accident is a serious issue with both legal and financial implications. While employers must ensure safety, they also have legal duties when handling dismissals related to injury or sickness.
If you’ve been sacked unfairly or injured due to negligence, you’re not powerless. Understanding your rights and acting within the proper timeframes can help you secure justice and rightful compensation.
Frequently Asked Questions
What evidence should I gather after a workplace accident dismissal?
Collect accident reports, medical records, witness statements, and any written communication with your employer.
Can agency or zero-hour workers claim unfair dismissal?
Some may qualify depending on employment status, length of service, and the specific terms of the contract.
Does the length of employment affect your legal rights?
Yes, you usually need at least two years of service to claim unfair dismissal, but some cases allow earlier claims.
What if you were assaulted by a colleague and then dismissed?
You may still claim compensation and unfair dismissal, especially if your employer failed to protect you or acted unfairly.
Is suspension after an accident an early sign of termination?
Not always, but it could indicate an investigation is underway; legal advice is advisable in these situations.
How is compensation calculated in contributory negligence cases?
Compensation is typically reduced by a percentage that reflects your share of fault in the accident.
Can you return to work after making a claim against your employer?
Yes, many employees continue working after filing a claim, as legal claims are handled by insurers, not directly by employers.
