Physical assault at work

TOPIC CLOSED
TOPIC CLOSED
Author
Discussion

funkyrobot

Original Poster:

18,789 posts

228 months

Tuesday 28th January 2020
quotequote all
edc said:
This would be a typical response for alleged violence in the work place and the sort of thing I have done.

De-escalate incident. Suspend on pay pending investigation. Then carry out your usual 3 step if needed investigation / disciplinary procedure. Investigate grievance where one may be submitted. Implement outcomes and recommendations.
The investigation was supposed to begin today. As mentioned above, I have just been informed the aggressor is in work today.

Someone is not following procedures or their procedures need updating.

Anyone know any good employment lawyers? wink

edc

9,234 posts

251 months

Tuesday 28th January 2020
quotequote all
Raise your complaint detailing the incident at a higher level of the organisation and put it in writing.

Wacky Racer

38,140 posts

247 months

Tuesday 28th January 2020
quotequote all
Good luck fr.

funkyrobot

Original Poster:

18,789 posts

228 months

Tuesday 28th January 2020
quotequote all
Cheers.

Is it worth going straight to CEO?

I dont have any contact details for the HR person. As I said above, they are based 80 miles away.

It's annoying me now. I have tried to be nice and forgiving about this. But this clearly gets you nowhere.

I wonde how the CEO would feel if he knew what had happened in front of 100 customers?

Bizarrely, we recently had a meeting about enforcing standards etc.

funkyrobot

Original Poster:

18,789 posts

228 months

Tuesday 28th January 2020
quotequote all
Wacky Racer said:
Good luck fr.
Thanks.

I'm going to need it I think. smile

elanfan

5,517 posts

227 months

Tuesday 28th January 2020
quotequote all
She should be suspended pending an investigation then called back and be dismissed for gross misconduct. There isn’t really any other course of action. From what you say management should be grateful for the ‘excuse’ to get rid of her as she’s clearly trouble.

Unless she’s brilliant at her work and is irreplaceable then she should be gone (not yesterday this is any excuse whatsoever).

I don’t think I’d report if to the police unless you’re feeling particularly vindictive, do you want her to be convicted and have it on her record? The most she’d get is a slap on the wrist! If you need police action to support her dismissal then do be it. You did nothing wrong you have nothing to feel guilty about.

Edited by elanfan on Tuesday 28th January 19:26

funkyrobot

Original Poster:

18,789 posts

228 months

Tuesday 28th January 2020
quotequote all
elanfan said:
She should be suspended pending an investigation then called back and be dismissed for gross misconduct. There isn’t really any other course of action. From what you say management should be grateful for the ‘excuse’ to get rid of her as she’s clearly trouble.

Unless she’s brilliant at her work and is irreplaceable then she should be gone (not yesterday this is any excuse whatsoever).
She is probably the most disruptive and rude person you could meet. Never happy. Always complaining. Never works hard. We have even had customers admitting they avoid areas she works in.

I have been very professional around her. Talked to her. Tried to break through the barrier. Tried to help out even. But, alas, some people simply cannot be helped. She has mental health issues like me. It's one of the reasons I have been very, very patient with her.

I simply cannot understand this. She should have been suspended but is in work complaining again. Unreal.

elanfan

5,517 posts

227 months

Tuesday 28th January 2020
quotequote all
What type of business is this? Retail? Did the assault really happen in front of customers?

ruggedscotty

5,625 posts

209 months

Tuesday 28th January 2020
quotequote all
If this happened.

1. raise a complaint. there should be no cases of assault at work.

2. contact the police and report this, should not be tolerated - what if she snaps later and kills someone.... this is a pre warning. Instability in the person and needs to be addressed.

3. if she is there you go home, and you indicate that there is an issue if she is there, she has used physical violence against you.

4. discuss with HR your line manager and also with your union. You have been hard done by here.

vaud

50,418 posts

155 months

Tuesday 28th January 2020
quotequote all
funkyrobot said:
vaud said:
funkyrobot said:
Although I need to report this to the police, I'm somewhat scared of doing so.
Just call 101. Victim support is very good (generally). You can always withdraw your statement later (though they still might prosecute if they have enough other evidence)
Thanks. I will call them now. Have some time before I pick my daughter up from school.
What did the police and ACAS say, OP?

If you would like, feel free to PM me, I am happy to correspond off the forum (I am not a lawyer, but have experience in line management and also grievance processes)

NDA

21,559 posts

225 months

Tuesday 28th January 2020
quotequote all
It's probably already been suggested, but you could mention constructive dismissal. Being forced to work with someone who has assaulted you would be an easy claim.

steve2

1,772 posts

218 months

Tuesday 28th January 2020
quotequote all
elanfan said:
What type of business is this? Retail? Did the assault really happen in front of customers?
I am trying to think of a business where 100 customers would see the assault at the same time,
I don’t think even a busy supermarket would have a 100 customers all looking at the same point.

Neptune188

280 posts

177 months

Tuesday 28th January 2020
quotequote all
funkyrobot said:
Cheers.

Is it worth going straight to CEO?
Unless you're on first name terms with them (I mean, drink in the same pub friends outside work), 100% no. Otherwise you'll ps off the people who should be trying to help you. You run the risk of making the human reptiles look poor in front of the boss, which - trust me - you don't need.

funkyrobot said:
dont have any contact details for the HR person. As I said above, they are based 80 miles away.
Find them, it's not brain surgery. Company handbook? Company e-mail directory? LinkedIn? Nearest job advert? If you're serious you need to make half an effort do it properly.

This thread hasn't got much further to go to get legendary status.

mikebradford

2,508 posts

145 months

Tuesday 28th January 2020
quotequote all
steve2 said:
elanfan said:
What type of business is this? Retail? Did the assault really happen in front of customers?
I am trying to think of a business where 100 customers would see the assault at the same time,
I don’t think even a busy supermarket would have a 100 customers all looking at the same point.
Airport?

anonymous-user

54 months

Tuesday 28th January 2020
quotequote all
mikebradford said:
Airport?
https://www.youtube.com/watch?v=SU5buMgojTo

valiant

10,178 posts

160 months

Tuesday 28th January 2020
quotequote all
Send a copy of your statement with an explanatory letter direct to HR and send it recorded.

When you know it’s arrived, call them and advise them of the current situation and ask when and how they’ll be taking action.

Inform your line manager that unless you’re kept apart and a proper investigation is instigated, you’ll be launching a grievance with your line managers boss as per the company handbook (it’s a common thing, can’t imagine your lot are any different). Also inform them that YOU have written to HR and are awaiting a response.

You have to go up through the ranks with the grievance procedure so start with a complaint to your line manager (not supervisor) and if not satisfied with the outcome you go ‘up a rank’ until you get to someone who’ll work out a satisfactory outcome.

It sounds like your local management are completely inept rather than the company itself which is sadly a common thing. (People are promoted to positions or authority with little or no training and take staff complaints personally rather than professionally - it is just business)


anonymous-user

54 months

Tuesday 28th January 2020
quotequote all
steve2 said:
I am trying to think of a business where 100 customers would see the assault at the same time,
I don’t think even a busy supermarket would have a 100 customers all looking at the same point.
Strip club?

Bear-n

1,613 posts

82 months

Tuesday 28th January 2020
quotequote all
hucumber said:
Strip club?
From a slapdancer

anonymous-user

54 months

Tuesday 28th January 2020
quotequote all
Bear-n said:
From a slapdancer
laugh

Jag_NE

2,973 posts

100 months

Tuesday 28th January 2020
quotequote all
You should have lamped her back in self defence if you had a witness there.
TOPIC CLOSED
TOPIC CLOSED