Can My Employer Sack Me for Making an Accident at Work Claim?

Dismissing someone for asserting a statutory right, including the right to bring a personal injury claim, is treated as automatically unfair under the Employment Rights Act 1996, and this protection applies from your very first day of employment, regardless of how long you have worked there.

If you are worried about your job security after an accident at work, or you believe you have already been treated unfairly because you raised a claim, it is important to understand exactly what protection the law gives you, and what to do if your employer crosses the line. This guide explains your rights, how dismissal protection works in practice, and the steps to take if you believe you have been treated unfairly.

Is It Legal for My Employer to Sack Me for Claiming Compensation?

No. Under section 104 of the Employment Rights Act 1996, a dismissal is automatically unfair if the reason, or the main reason, for it is that the employee asserted a statutory right, which includes bringing or intending to bring legal proceedings to enforce that right. The right to claim personal injury compensation following an accident at work falls within this protection.

Separately, section 100 of the same Act specifically protects employees who raise genuine health and safety concerns or take steps to protect themselves or others from danger at work, meaning dismissal connected to flagging an unsafe practice or hazard is also automatically unfair.

What makes this protection particularly significant is that it does not depend on how long you have worked for your employer. Ordinary unfair dismissal claims generally require two years of continuous service to qualify, but this requirement does not apply where the dismissal is automatically unfair, including dismissals connected to asserting a statutory right or raising health and safety concerns. This means even an employee who has worked for their employer for a matter of weeks is protected.

What Counts as Being “Sacked for Claiming”?

For a dismissal to be automatically unfair under these provisions, the claim or the health and safety concern needs to be the reason, or the principal reason, behind the decision to dismiss you. In practice, this is rarely as obvious as an employer stating outright that they are dismissing you because you made a claim.

Tribunals will look closely at the surrounding circumstances, including:

• The timing of the dismissal relative to when the claim was made or the concern was raised
• Whether the stated reason for dismissal, such as performance or redundancy, appears genuine or appears to have been constructed after the fact
• Any change in how you were treated, such as a sudden increase in scrutiny or disciplinary action, following the claim
• Whether colleagues in similar circumstances who had not made a claim were treated differently

It is important to understand that you do not need to prove your underlying personal injury claim was correct or that your employer had definitely breached health and safety law. What matters under section 104 is that you made the allegation in good faith and made it reasonably clear what right you believed had been infringed.

What If I Am Treated Unfairly Without Being Dismissed?

Dismissal is not the only form of unfair treatment the law protects against. Under section 44 of the Employment Rights Act 1996, employees are also protected from being subjected to a “detriment” for raising genuine health and safety concerns, which can include situations falling short of outright dismissal, such as:

• Being denied a promotion or pay rise without proper justification
• Being excluded from shifts, projects or training opportunities
• Facing unwarranted disciplinary action or increased scrutiny
• Being subjected to bullying or a change in how you are treated by management

If you believe you have suffered this kind of detriment because you raised a health and safety concern or pursued a personal injury claim, this can potentially form the basis of a separate tribunal claim, distinct from unfair dismissal.

What Should I Do If I Think I Am Being Treated Unfairly?

If you suspect your employer is treating you differently because you have made, or intend to make, an accident at work claim, the following steps are sensible:

1. Keep a clear record. Note down dates, what was said, and who was present for any meetings, warnings or changes in treatment, as soon as possible after they happen.
2. Keep your communications. Save emails, messages or letters relevant to both your personal injury claim and any disciplinary or performance issues raised by your employer.
3. Avoid giving your employer a legitimate reason to act against you. Continue to meet your normal responsibilities at work where you are able to, since this makes it harder for an employer to point to a genuine, unrelated reason for any action taken.
4. Raise the issue formally if appropriate. Depending on the circumstances, raising a written grievance can create a clear record and sometimes resolves the issue before it escalates.
5. Seek specialist advice promptly. Both personal injury claims and employment claims operate under strict time limits, so early advice ensures you do not inadvertently miss a deadline while focused on one issue.

What Happens If I Am Dismissed Unfairly?

If you believe you have been dismissed because of your accident at work claim, you may be able to bring a claim for unfair dismissal to an employment tribunal. There are important time limits to be aware of:

• You must generally notify ACAS and begin Early Conciliation, a mandatory step before most tribunal claims can be issued, within three months less one day of your effective date of termination, which is usually your last working day or the end of any notice period.
• Early Conciliation pauses this time limit while ACAS attempts to help you and your employer reach an agreement without going to tribunal.
• These deadlines are applied strictly, and tribunals will only extend them in limited circumstances, so it is important not to delay if you believe you have a claim.

It is worth noting that this is a separate legal process from your personal injury claim itself. Your right to pursue compensation for your accident at work and your right not to be unfairly dismissed for doing so are distinct claims, each with their own legal basis, evidence requirements and time limits, and in some cases it may be appropriate to pursue both.

Talk to Us

Worrying about your job on top of recovering from a workplace injury is an added strain that nobody should have to face, and the law is clear that you should not be penalised for asserting your right to claim compensation. At Satchell Moran Solicitors, our specialist personal injury team can advise you on your accident at work claim on a no win, no fee basis, and where appropriate, point you towards the right support for any related employment concerns. As a dual Lexcel accredited firm, we are committed to giving every client clear, honest advice from the outset.

If you have been injured at work and are concerned about how your employer is treating you as a result, contact us today for an initial, no obligation conversation.