HR considerations
UK employment law and best practice
This template is designed to support the process, but the document should be used alongside the relevant HR procedure and applied to the circumstances of the individual case.
Health and safety responsibilities
Employers have duties to protect the health, safety and welfare of employees and others affected by their work. Following an accident, employers should consider whether the circumstances identify any risks that need to be addressed and whether existing control measures remain suitable and sufficient. https://www.acas.org.uk/health-and-safety-at-work https://www.hse.gov.uk/workplace-health/
Recording and reporting accidents
The sympathy letter does not replace the organisation's accident recording or reporting arrangements. Certain work-related accidents are reportable under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR), including specified injuries and injuries resulting in a worker being unable to carry out their normal work for more than seven consecutive days. https://www.hse.gov.uk/riddor/
Accident investigation
Where an accident requires investigation, the employer should establish the relevant facts, consider evidence and identify any corrective or preventative action required. The investigation should be kept separate from a sympathetic communication to the injured employee so that the letter does not inadvertently prejudge the circumstances or outcome. https://www.hse.gov.uk/slips/experience.htm
Supporting an employee after an injury
Employers should maintain appropriate contact with employees who are absent because of an injury and consider what support may assist their recovery and eventual return to work. Where appropriate, employers may consider occupational health advice, medical evidence and reasonable workplace adjustments. https://www.acas.org.uk/supporting-disabled-people
Reasonable adjustments
If the employee's injury results in or is connected with a disability within the meaning of the Equality Act 2010, the employer may have a duty to consider reasonable adjustments. Adjustments should be considered based on the individual's circumstances and the requirements of their role rather than assumptions about their condition. https://www.gov.uk/reasonable-adjustments-for-disabled-workers
Confidentiality and personal information
Information about an employee's injury and health should be handled sensitively and shared only with people who have a legitimate reason to receive it. Employers should ensure that health information is handled securely and in accordance with applicable data protection requirements. https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/employment/