Assaulting a policeman...
Discussion
Just had my Dad on the phone - one of his employees (delivery driver) was involved in a fracas in Bristol on Saturday night. I'm getting the info second hand but the gist of it is that the employee was out on the town with a couple of mates and got in to an argument in a bar which resulted in a customer getting floored and the police called. The coppers tried to arrest the employees' mate which resulted in all three of them having a go at the police. My Dad's employee ended up knocking six bells out of one copper in particular and was finally subdued with pepper spray... all three were detained over the weekend.
My Dad's worried that this driver might end up getting jailed for his particularly nasty actions and bringing shame on his business. Does anyone know if my Dad could sack his employee for this (or because it was out of work hours is it nothing to do with the employer?) Any idea what the typical punishment for assaulting a policeman might be? I think my Dad simply wants to get of rid of the guy but neither of us is sure if this is something someone could be sacked over.
My Dad's worried that this driver might end up getting jailed for his particularly nasty actions and bringing shame on his business. Does anyone know if my Dad could sack his employee for this (or because it was out of work hours is it nothing to do with the employer?) Any idea what the typical punishment for assaulting a policeman might be? I think my Dad simply wants to get of rid of the guy but neither of us is sure if this is something someone could be sacked over.
philthy said:
I doubt he could use it as a reason to fire the man? It was after all, on his own time, and nothing to do with work.
If he is imprisoned, then obviously, he will be able to "let him go" as he is unable to satisfy his employment duties.
Anyone have the slightest idea what the typical punishment might be. I assume assaulting a policeman is not viewed lightly???If he is imprisoned, then obviously, he will be able to "let him go" as he is unable to satisfy his employment duties.
Has the employee been there less than a year? If so you can sack him without reason.
If more then I'd take legal advice as it will depend largely on his employment contract. I'd be wary of sacking him for not coming in, I can't imagine many employment tribunals would agree that this constitutes gross misconduct.
If more then I'd take legal advice as it will depend largely on his employment contract. I'd be wary of sacking him for not coming in, I can't imagine many employment tribunals would agree that this constitutes gross misconduct.
isv said:
philthy said:
I doubt he could use it as a reason to fire the man? It was after all, on his own time, and nothing to do with work.
If he is imprisoned, then obviously, he will be able to "let him go" as he is unable to satisfy his employment duties.
Anyone have the slightest idea what the typical punishment might be. I assume assaulting a policeman is not viewed lightly???If he is imprisoned, then obviously, he will be able to "let him go" as he is unable to satisfy his employment duties.
Im sorry that the employee was a bit of a numpty really, it probably made the overall outcome from a night in the cells and a possbility of a caution the next day to a night in the cells, being dealt with for the original offence and assault on police which is a 'go straight to court' thing. Not a good plan.
Depending on the males history and previous and the injuries recieved from the assault depends on what happens.
If the injuries were common assault in nature, ie no visible, a bit or reddening etc, then a charge of assault police would be pressed. If abh or gbh injuries, they would be charged in stead.
Courts look dimly on the assault of their officers and it makes something maybe quite small, into something much bigger.
Andy
Depending on the males history and previous and the injuries recieved from the assault depends on what happens.
If the injuries were common assault in nature, ie no visible, a bit or reddening etc, then a charge of assault police would be pressed. If abh or gbh injuries, they would be charged in stead.
Courts look dimly on the assault of their officers and it makes something maybe quite small, into something much bigger.
Andy
Chris_w666 said:
Possibly gross misconduct, or bringing company into disrepute, but don't quote me on that. Would depend on the nature of business and if found guilty in court anyway as you can't hang someone before the legal process has finished.
Was he on business at the time? If not, difficult to show gross misconduct or bringing disrepute.
rpguk said:
Has the employee been there less than a year? If so you can sack him without reason.
Not even slightly true.If they are still on a probationary perioid (anything from a few weeks to 12 months in my experience) then you can simply tell them there's not a job for them.
But if they are out of the agree probationary period then they have the sames rights wheter they have been there months or years
isv said:
philthy said:
I doubt he could use it as a reason to fire the man? It was after all, on his own time, and nothing to do with work.
If he is imprisoned, then obviously, he will be able to "let him go" as he is unable to satisfy his employment duties.
Anyone have the slightest idea what the typical punishment might be. I assume assaulting a policeman is not viewed lightly???If he is imprisoned, then obviously, he will be able to "let him go" as he is unable to satisfy his employment duties.
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff