This is my first post here so, Hi
I work for my mother and she owns a private mental health care home, and yesterday a new employee (3 weeks on shifts) came and said that he was going to take legal action against the business.

Well it started when the employee was escorting a resident back to his room (which he is fully trained to do so) to calm down after assaulting another resident.

He did not report the incident to the nurse in charge (are standard procedure) so the appropriate paperwork could be filled in, he then from roughly 1500 up until him going home at 2100 said nothing.

He then turned up at 0700 for his early shift were he took it upon him self to find the accident report sheets and fill it in along with the residents incident report sheet claiming during the incident he twisted his thumb (at least a full 10 unacountable hours after the incident).

Then around 1030 the same day reported the incident to the nurse in charge (the same nurse as the day be for) and said he felt like he should go to hospital so obviously we let him go. he came back with a sick note and took 3 weeks sick with a fractured thumb.

During the 3 weeks he came to the building 3 times (which he drove there) twice just to drop in and the third to complain about his sick pay and to inform us that he would be contacting a solicitor.

So i was just wondering what thoughts and advise you may have. also if you need any thing clearing up just ask.

Thanks
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Couple of qiuick questions - do you have your own employment disciplinary procedures and was this employee on a contract?

Best

BR
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Also inform your insurers as failure to do so may invalidate any claim. Clearly all of this lack of process in reporting the matter will be investigated by your insurer and taken into account when determining the claim if one is presented.

If witnesses were present then get statements from them now whilst it is all fresh in their minds. On the employment issues check your processes both in induction and your health and safety policy and make sure these have been addressed fully with the employee, ideally new employees should sign and date that they have received an induction and are aware of the policy and reporting requirements.

If this is not absolutely in first class order get it up to date now.
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Hi, thanks for the replies,
the employee is not on a contract as far as i know, and we do have are own disciplinary procedure.

and all are polices are up to date, the employees all have a full induction and do have to sign to prove they have been given one.
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Just about to retire for the night, little late :)
Did you report the incident as required ?
If there is an accident connected with work (including an act of physical violence) and an employee, or a self-employed person working at your premises, suffers an over-three-day injury you must report it to the enforcing authority within ten days?
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