Employee 1 who started in April 2006 (and is on a six month probationary period) was involved in an accident in a company vehicle by employee 2in yet another company vehicle.
Employee 2 was at fault as he reversed into Employee 1. Employee 1 went home complaining of a headache after the accident, went to the hospital and was diagnosed with whiplash, and consequently he put in a claim on a no win no fee basis.
He has now been on sick (with a doctors note) for approx 6 weeks and he says he has been referred to the Muscular skeletal department at his local hospital. We don’t know when or if he will return.
Can we dismiss him on these grounds?
Michele Taylor
