Physical assault at work
Discussion
funkyrobot said:
Yes, but if it goes official, what's to stop her saying I did something to her to cause it? I did nothing at all, but what if she says she was just reacting to me?
She would need evidence and witnesses to support that story. Regardless, unless she alledges that you assaulted her in some way, whatever you might have done would not be justification for a physical assault.Yeah, I advocate leaving it as logged with the police. Let them speak to your employer though as this may prompt your employer to take it seriously.
At this stage, you don't want any more aggro in your life.
Maybe also let the police approach the woman to speak to her and warn her against any further aggravation.
To surmise, do what you can without having to resort to court.
At this stage, you don't want any more aggro in your life.
Maybe also let the police approach the woman to speak to her and warn her against any further aggravation.
To surmise, do what you can without having to resort to court.
funkyrobot said:
I have spoken to the PC again about this. The reason I didn't ask for more this morning was because I found the whole thing quite daunting (through no fault of the police officer, she was really helpful). She will be back in on Sunday so will call me back then to decide on my options. She outlined them as below:
1. Leave it as logged
2. Ask the police to speak to the woman who slapped me
3. Ask for it to be escalated officially and taken to court, if I am willing to go to court
I am finding the whole thing quite nerve wracking. Maybe hard to understand for some, but that's how I feel.
I will decide the option I wish to pursue for Sunday.
If I do decide on option 3, does anyone know what this will involve?
If you go for number three...1. Leave it as logged
2. Ask the police to speak to the woman who slapped me
3. Ask for it to be escalated officially and taken to court, if I am willing to go to court
I am finding the whole thing quite nerve wracking. Maybe hard to understand for some, but that's how I feel.
I will decide the option I wish to pursue for Sunday.
If I do decide on option 3, does anyone know what this will involve?
Edited by funkyrobot on Friday 31st January 09:40
You'll have to provide a statement about what happened. She'll be interviewed (not necessarily arrested, you can be interviewed voluntarily, but still under caution).
If she admits the assault (its on CCTV?) then she could be offered a caution, community resolution (can be a number of things this could be, could be a simple letter of apology to you, to attended some kind of workshop), depending on her previous history she may have to go to court. If she admits it you won't need to go to court.
If she denies it or comes up with a defence, it could be taken no further (NFA) or could go to court and you'll have to give evidence as well.
Personally? I'd do three. She can't go around assaulting people for no reason.
Jasandjules said:
funkyrobot said:
It is classed as gross misconduct in the policies. But it also states that the company 'may' suspend the employee.
Is the policy noted as contractual or non-contractual? Usually the phrase "may" allows for different circumstances to be dealt with as it tends not to be possible to set out every fact or event which could apply. Does that answer your question ok?
Ok. Have had a read through disciplinary procedure. This is the key line for me:
'In all gross misconduct cases, dismissal will be without notice or payment in lieu of notice.'
Doesn't that mean the woman should now be sacked?
The company deems 'any act or attempted act of violence' as something they can terminate your employment for.
'In all gross misconduct cases, dismissal will be without notice or payment in lieu of notice.'
Doesn't that mean the woman should now be sacked?
The company deems 'any act or attempted act of violence' as something they can terminate your employment for.
johnwilliams77 said:
funkyrobot said:
'This disciplinary procedure does not form part of your contract of employment '.
Does that answer your question ok?
I think it does - they are not force to suspend the employee but make a judgement based on the circumstance. Does that answer your question ok?
funkyrobot said:
Does the latest thing I have posted mean they can avoid sacking her too then?
Yes, I believe so. They ultimately have the final decision and have left that statement open so they can ask depending on circumstance. The contact is written in such a way it helps them in situations like this. You need to move on and I think that's what you have planned?johnwilliams77 said:
Yes, I believe so. They ultimately have the final decision and have left that statement open so they can ask depending on circumstance. The contact is written in such a way it helps them in situations like this. You need to move on and I think that's what you have planned?
Yes. I have a new job that I start a week on Monday. Supposed to be in work today but thinking of calling sick as this slapping thing has really buggered my anxiety issues up. I haven't slept properly all week.garyhun said:
Funky, based on your own admission that you are not the most mentally robust individual, would it not be best for your own sanity to simply start the new job and forget all this?
New job starts a week monday.I will be telling the police tomorrow to just keep the issue logged.
I officially finish the current job early next week. I will be able to fully move on when that is done and dusted.
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