• About Us
  • Quick Contact Form
  • Training Webinars
  • Training Events
Brain Injury Group logo
Brain Injury Group logo
Brain Injury Group logo

Call our FREE helpline 0800 612 9660 or 0330 311 2541

We are a network of specialist brain injury solicitors and other professional services, providing a complete package of support for brain injured people and their families

  • Home
  • About brain injury
    • Types of brain injury
    • Child brain injury
    • Education following a brain injury
    • Mental capacity following brain injury
    • Rehabilitation following brain injury
    • Useful brain injury glossaries
  • How we can help
    • Brain Injury Claims
    • Clinical negligence
    • Assault – Criminal Injuries Compensation Scheme
    • Continuing Healthcare Funding
    • Court of Protection
    • Special Educational Needs (SEN)
    • Emotional support
    • Employment law
    • Family law
    • Financial advice
    • Welfare benefits
  • Find a Solicitor
    • Brain Injury solicitors
    • Find a Court of Protection specialist
    • Education solicitors
    • Employment law solicitors
    • Other legal services
  • Contact Us
    • Quick Contact Form
    • Need help?
  • Services A-Z
    • Personal legal services
    • Brain injury expert reports
    • Case managers
    • Care in the home
    • Residential rehabilitation & care
    • Charities & support groups
    • Therapies
    • Business services
    • Holidays, travel & leisure
    • Work & education
  • Latest News
  • For Professionals
    • Associate members
    • Brain injury training for professionals
    • Brain Injury Group training events
    • Brain injury training webinars
    • Other member services
    • Join the Group
    • Events Calendar
    • Road Safety Week
  • Brain Injury Claims
  • Clinical Negligence
  • Assault – Criminal Injuries Compensation Scheme
  • Continuing Healthcare Funding
  • Court of Protection
  • Special Educational Needs (SEN) advice
  • Emotional support
  • Employment law
  • Family law
  • Financial advice
  • Welfare benefits

Home > How we can help > Employment – How we can help

Employment – How we can help

Liam undergoes brain injury rehabilitation at the gym, put through a rowing machine workout by his physical therapist

Useful pages

  • Welfare benefits – How we can help
  • Returning to work after a brain injury
  • What are the benefits of bringing a claim after suffering a brain injury?
  • Returning to work after brain injury – what can you expect?

Work and the workplace can be a large part of people’s lives. After a brain injury, returning to work and employment can seem daunting but it can also be a useful part of rehabilitation.

Returning to work after brain injury

Following a brain injury, it’s likely that you will be unable to immediately return to work, which can cause worry and stress. Depending on the severity of your brain injury, returning to work can be a milestone moment; for some, they will be able to return to their previous role, with little or no adjustment needed; for others, it may not be possible to return to their previous job or adjustments may need to be made to allow a safe return to work; for others, a return to work may never be possible.

Talking to an employment lawyer early in the recovery journey could help to plan your return to work, your rights to time off from work, rights in relation to sickness absence, disciplinary and capability procedures, discrimination or even termination of your employment.

What can you expect from your employer?

When you feel ready to return to work, it may be that a phased return is required, to ease you back into your role without becoming overwhelmed. Your employer may have a policy dealing with this in their handbook, as part of their absence policy which could include steps to be taken to help you get back into work.

Under the Equality Act 2010 your employer has a legal duty to make reasonable adjustments to help facilitate a successful return to work, on the basis that your brain injury amounts to a disability. Reasonable adjustments will be different for every person and every workplace but might include a graduated return to full time working hours, a different role within the company, flexible or reduced working hours, regular meetings to monitor your return and provision of equipment that may assist you in the workplace.

If your company has an Occupational Health department they should be involved in your return to work, to provide early and ongoing support. Additionally, if you are working with a case manager and/or NHS rehabilitation team, they should support you and communicate with your employer to assist with your return to work.

Whatever happens during this period, it is important to keep the channel of communication open between you and your employer. This might mean regular catch-ups with your line manager or a person from HR so that any problems or difficulties can be identified early and further adjustments made as required.

Capability and performance management at work after a brain injury

It is important to speak to your employer if you are struggling with the adjustment back to work, if your employer feels that you are not performing as well as they need you to, they may decide to take steps to investigate your performance further.

They may either conduct a capability procedure or a performance management procedure. This may be set out as a formal policy in the staff handbook and will involve your employer carrying out an investigation into your ability to do your job. This should not be intended as a criticism and they should recognise that underperformance is not something you have control over.

Whichever procedure they choose to follow, it should involve meeting with you to discuss the issues. Targets should be set with an agreed date for when the target should be met. You will then have regular reviews to establish how well you are keeping up with those targets.

At the end of the process, a decision will be made about whether you will continue with your role or whether your employment will be terminated.

If your employer fails to follow a formal process and decides to dismiss you, then you may be able to bring an unfair dismissal claim against them.

Discrimination at work following a brain injury

Your employer has a duty not to discriminate against you because of any disability or something arising from a disability, which generally means that you must not be treated less favourably than someone without a disability. If you are treated unfavourably by your employer because of your disability or something linked to it, you may be able to bring a claim for discrimination. Examples of actions which could give rise to such a claim would be if your employer terminates your employment or does not agree to make reasonable adjustments to your role.

If you feel you have been discriminated against, contact us for advice.

Termination of employment

If your employment is terminating, you may be asked to sign a settlement agreement, which can be used to end your employment on agreed terms or resolve an employment dispute. Signing such an agreement waives your rights to take your employer to court or an employment tribunal, so it is a legal requirement that you receive independent legal advice on the terms of any such settlement agreement.

Settlement agreements can be complex, and you will need expert advice. Our specialist employment lawyers will guide you through the agreement and make sure you understand the terms and get the best possible package.

Find an employment specialist

Members of Brain Injury Group have been chosen for their specialist knowledge and experience of working with clients who have sustained a brain injury. By choosing one of our member firms, you can be sure that you will be assisted by someone who has access to a range of services including welfare benefit advisers, case managers, education lawyers, Court of Protection specialists and a whole range of other legal advice, ensuring clients receive a joined-up service to support and help rebuild lives following a brain injury.

Find an Employment specialist Solicitor

Need free help or advice?

We can help you

Rebecca List – Tollers Solicitors

Rebecca List – Tollers Solicitors
View Profile

Samantha Castle – Barcan+Kirby

Samantha Castle – Barcan+Kirby
View Profile
  • Request a visit Home/Hospital/Office
  • Request a Free call back We can call you back
  • Ask a question We provide help & support

Would you like a visit from a Solicitor/Professional?

  1. Your name (*required)
  2. Location (*required)
  3. Your tel number (*required)
  1. What is the best time to call
  2. We will call at your convenience to arrange a suitable time and location for the visit
  1. Telephone and email enquiries will be assessed and allocated to an appropriate member firm that may need to contact you for more information in order to offer advice. By ticking the box below and submitting your enquiry, you are agreeing to being contacted, but you are under no obligation to act on any advice offered, or to instruct the firm that responds to your enquiry if you do decide to take action.

    Your privacy is important to us and we treat all personal information with respect. No personal details are held in this website; we record contact details only for the purposes of forwarding that information to a member firm that can assist with your enquiry.
close without sending

Need help/advice? Request a call back

  1. Your name (*required)
  2. Your tel number (*required)
  3. Best time to call
  1. Telephone and email enquiries will be assessed and allocated to an appropriate member firm that may need to contact you for more information in order to offer advice. By ticking the box below and submitting your enquiry, you are agreeing to being contacted, but you are under no obligation to act on any advice offered, or to instruct the firm that responds to your enquiry if you do decide to take action.

    Your privacy is important to us and we treat all personal information with respect. No personal details are held in this website; we record contact details only for the purposes of forwarding that information to a member firm that can assist with your enquiry.
close without sending

Would you like to ask us a question?

  1. Your name (*required)
  2. Your tel number
  3. Your email address (*required)
  1. Telephone and email enquiries will be assessed and allocated to an appropriate member firm that may need to contact you for more information in order to offer advice. By ticking the box below and submitting your enquiry, you are agreeing to being contacted, but you are under no obligation to act on any advice offered, or to instruct the firm that responds to your enquiry if you do decide to take action.

    Your privacy is important to us and we treat all personal information with respect. No personal details are held in this website; we record contact details only for the purposes of forwarding that information to a member firm that can assist with your enquiry.
close without sending

Latest news from The Brain Injury Group

Liam (who has a brain injury) enjoying his brain injury rehabilitation plan at the gym with his personal trainer

Brain Injury – a story of love

Anne Sanders has worked as a personal injury lawyer for over 21 years. In this article, Anne talks passionately about her clients and her work with brain injury… I have had the privilege of working…
Read More

CICA Claims – do I need to instruct a solicitor?

If you or a member of your family have suffered injury as the result of a violent assault, then you may be entitled to claim compensation for your injuries from the Government funded Criminal Injuries…
Read More

Horse riding accidents and the law

Horse riding is a popular activity in the UK, but horses can be unpredictable, they have a mind of their own, which makes riding a high-risk activity. It’s not uncommon for a rider to suffer…
Read More

Find a Service

A-Z listings by category

From expert legal advice to holidays, home insurance, therapies and aids, the BIG Directory will help you find the services you need.

Upcoming Events

View all events

  1. Child Brain Injuries training event – London – March 2021

    Wednesday, 3rd March @ 9:30 am - 3:40 pm
  2. Webinar: Clinical negligence – legal update

    Wednesday, 10th March @ 12:00 pm - 1:00 pm
  3. Webinar: Neuro-imaging in 2021

    Tuesday, 23rd March @ 11:00 am - 12:45 pm
  4. Webinar: Frontal Lobe Paradox

    Tuesday, 13th April @ 11:30 am - 12:30 pm

View All Events

Choosing the right legal adviser

Find out more

A brain injury can change a person’s life significantly – and that of their family. Many injuries are unfortunately the responsibility of a third party, in which case there may be the potential to make a claim for compensation. A successful claim could go a long way towards supporting a rehabilitation programme, or providing long term care, or simply easing the financial burden caused by changed circumstances.

If you think you have a claim, speak to several lawyers and ask lots of questions before you instruct anyone; you need to find someone you can relate to. When you speak to any one of our network members, you can be confident that they have a track record of handling brain injury cases and appreciate all the complexities.

Brain Injury Group
Brain Injury Group @braininjurygrp
2 hours ago
Delighted to confirm @thorneycroft_uk continued membership in the North West for a further 12 months, to be members law firms must demonstrate their commitment to assisting clients to rebuild their lives, which includes financial compensation, rehabilitation, care & support. https://t.co/TU6OOdopv3
View on Twitter
1
1
Brain Injury Group
Brain Injury Group @braininjurygrp
21 hours ago
Periodical payments - what price peace of mind - read the latest article by member firm @NestorIFA https://t.co/jouv0bzCvz
View on Twitter
1
3
Brain Injury Group
Brain Injury Group @braininjurygrp
2 days ago
We hope everyone enjoyed this mornings webinar on poor outcomes following mild traumatic brain injury, featuring Daniel Freidland, Consultant Neuropsychologist. The recording is available free of charge of members, charities and the NHS, fees apply to all others. https://t.co/A9GmhPdGCg
View on Twitter
0
6
Brain Injury Group
Brain Injury Group @braininjurygrp
2 days ago
Traumatic Brain Injuries Affect More than the Brain | Psychology Today https://t.co/QTMoGjVpIv
View on Twitter
0
0
Brain Injury Group
Brain Injury Group @braininjurygrp
2 days ago
We'll be on line shortly for today's webinar featuring Daniel Friedland looking at poor outcomes following mild traumatic brain injury. If you haven't managed to join today's session, message us to access the recording - fees apply to non members, accredited by @apiltraining https://t.co/cc8RLS2uy7
View on Twitter
1
2
Brain Injury Group
Brain Injury Group @braininjurygrp
3 days ago
Looking for a case manager experienced in assisting brain injured clients? Visit our directory
https://t.co/3A36qOXiDr
View on Twitter
1
1
Brain Injury Group logo
Facebook logo Linkedin logo Twitter logo

Newsletter Sign up

  1. Sign up to a Brain Injury Group brain injury newsletter

Marketing & Website Development by Limare website development and marketing

  • Terms & Conditions
  • Cookies Policy
  • Privacy Policy
  • Sitemap

© 2021 Brain Injury Group is the trading style of The BIG Network Limited.

The BIG Network Limited is not regulated by the Solicitors Regulation Authority.


Registered in England & Wales. Registration Number: 06977925.
Registered Office: 106 Kennedy Building, Murray Street, Manchester M4 6HS Tel: 0800 612 9660

We use cookies to improve your experience on the website. We do not use cookies for advertising purposes.
We will assume you're ok with this and this bar will disappear shortly. Read More
Privacy & Cookies Policy

Necessary Always Enabled