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Suspended on full pay after possible assault

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  • Suspended on full pay after possible assault

    Hello all

    This is my first time posting on this forum and I am desperate for some advice for my oldest and dearest friend please.

    She's worked as a retail assistant for a well known major clothes shop (usually large stores based on retail parks/industrial estates :tinysmile_twink_t2 for 7 years with a faultless employee record.

    She'd been singled out by one of the department managers and given walls to clean the previous week but didn't realise the company were in breach of health and safety regulations (until she spoke to my hubby a HSA!) Last week she arrived into work to all her colleagues giggling about her being made to wash walls again that day, she was unaware of what they were talking about until she left the shop floor and in the stock room her Department manager approached her. She told her to get a bowl of hot water with fairy liquid in, get up the ladder and clean the internal and external walls.

    My friend is so calm but but she refused stating that in 7 years no retail staff had ever done that job, that it was the cleaning contractors duty. She also pointed out that it was unsafe for her to be up a ladder, unassisted, with a bowl of hot water on the shop floor with customers around or a risk assessment carried out (thanks hubby!)

    The manager told my friend to "get on with it now you've had your tears and tantrums" at which point she got really upset. She is a grown woman, a mother and she felt really offended. She told her to forget it, that she was aware she was being singled out as none of the other 20 members of the team had been told to do it, and at that, took her rail of stock to go back onto the shop floor and work.

    The manager came up behind her and grabbed her by the shoulder, forcefully enough to turn her around. My friend is calm ordinarily but past experiences mean she doesn't like to be touched, she reacted instantly by pushing her arm telling her that she had no right to touch her and (wrongly I know) told her to **** off away from her. She then left the store room and the manager followed me trying to continue the conflict in front of customers so my friend asked the senior manager who was on the tills if she could please leave. That was on Thursday last week and my friend wasn't due in until Tuesday.

    By the time she arrived back at work I had advised her to prepare a statement of her account of the incident & request that a formal complaint is issued against the department manager on the grounds of assault and breach of health and safety. I

    t was too late. She was ordered into the office by the senior manager and told to give yes/no answers to a set of questions (like "do you think its acceptable to swear at your manager?"). My friend gave her account of what happened and handed in her statement but felt that they were ignoring her concerns about the health and safety being the basis of the dispute.

    She was then suspended on full pay pending an investigation. She was REFUSED a copy of the statement taken by the manager, told she is to have NO contact with any of her colleagues in or out of work (one is her sister in law!!) until the investigation is over, and escorted out of the building.

    She is absolutely devastated! She's a single mum who works 2 jobs and relies heavily upon this as her main income but aside from that I'm certain she has rights?

    They know she is not in a position to afford a solicitor so can anyone please advise?

    Many thanks and apologies for the essay!

  • #2
    Re: Suspended on full pay after possible assault

    That shop has too many "managers".

    Comment


    • #3
      Re: Suspended on full pay after possible assault

      She should ring ACAS Call our Helpline on 08457 47 47 47 for free and confidential advice

      They will be able to advise the best course of action and the procedures that your friends employer should follow. She may need to raise a formal grievance against the manager involved.

      Additionally this is their booklet on bullying and harrasment at work - http://www.acas.org.uk/media/pdf/d/l...-employees.pdf
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      Comment


      • #4
        Re: Suspended on full pay after possible assault

        Thank you for the replies, and CleverClogs I would be inclined to agree! I'll give her the number :-)

        Comment


        • #5
          Re: Suspended on full pay after possible assault

          Certainly seems to be a case of victimisation here as she has clearly been singled out by the department manager, not to mention being asked to do tasks without the provision of proper health and safety requirements - Working alone on a ladder, with no one to hold the ladder.

          Also maybe breach of contract too, if there is no term in her job description for carrying out such tasks, general cleaning duties do not cover such tasks that would normally be fulfilled by others purposely employed or contracted for such duties.

          Also the fact the department manager crabbed her by the shoulder is itself assault and trespass to person, where such contact is not wanted or consented too (in such circumstances of confrontation) by the victim.

          The Department Managers action may also amount to harassment and bullying, in which the company has a duty of care to protect employees from. Failure to do so amounts to breach of contract and may likely give grounds for a claim to the employment tribunal.

          She also has a right to see any evidence they have regarding the accusations, including statements by others, though if they wish to remain anonymous the employer must remove there details from the statements prior to giving them to the employee that is being accused - http://www.acas.org.uk/index.aspx?articleid=4227#FAQ10

          Regarding the Yes/No question session, if this was intended to be the investigatory meeting (which i suspect it was), then such questioning is likely to result in a biased outcome, and does not give the employee the ability to fully explain there side of the story, or any part of their side of the story. Therefore such questioning is biased as all questions are predetermined only by the accusers side of the story only, due to the employee not being able to actually give their side of the story. Meaning any new evidence highlighted by the employees own side of the story can not result in additional questions and answers that would enable a full and unbiased investigation to be carried out properly. Ultimately this would lead to a predetermined out come of the investigation based on the accusers story only and same for the final outcome of the disciplinary.

          As suggested by Amethyst, get your friend to contract ACAS asap using any information we here have provided you, and the information your husband has provided.

          Does your husband work for HSE? Does he have contacts in HSE whom he may be able to report the breaches of health and safety too on your friends behalf? Outcome of such investigation against the employer would only support your friends side, should your friend be dismissed and chooses to make a claim against the employer for unfair dismissal etc.

          By the way, an employer can not stop employees contacting colleagues, they can only ask you not to discuss the matter with colleagues, or contact the accuser. If they told her not to contact your sister in law (by telling her not to contact colleagues), then that may be a breach to her right to family life!! Just thought i'd mention that.
          Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

          By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

          If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

          I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

          The Governess; 6th March 2012 GRRRRRR

          Comment


          • #6
            Re: Suspended on full pay after possible assault

            The manager grabbing your friend's shoulder in the way they did is Battery, at the very least, or. more probable, Common Assault. As such, you friend is entitled to use as much reasonable force as is necessary to defend herself against such an attack. Has your friend spoken to the police and the health and safety inspectors at the local Environmental Health Department about this incident? The police can deal with the attack, but the employer has a statutory duty to ensure that employees are not exposed to unnecessary stress and physical attack, even if the attacker happens to be a manager. I have concerns about what your friend was being asked to do and she was correct to refuse to carry out the instructions she was given for the reasons she gave.

            Follow the advice others have given on this thread, especially that which refers to ACAS.
            Life is a journey on which we all travel, sometimes together, but never alone.

            Comment

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