• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.
  • If you need direct help with your employment issue you can contact us at admin@legalbeaglesgroup.com for further assistance. This will give you access to “off-forum” support on a one-to- one basis from an experienced employment law expert for which we would welcome that you make a donation to help towards their time spent assisting on your matter. You can do this by clicking on the donate button in the box below.

Dismissal after being assaulted at work

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Dismissal after being assaulted at work

    Hi everyone,

    would really appreciate some advice....

    I work at a supermarket on the tills. One evening I was due to end my shift at 7pm. at 7.01pm I served my last customer and exited the till and, whilst still by the till area, was approached by a male who I did not recognise, he is not a member of staff. He accused me of 'stepping out in front of his wifes car', 'attacking his wife' and 'taking photographs of her car', the said that if I did it again he would break my legs. I told him that I did not know who his wife is and that I had never done such a thing. The male then said 'yes you did and if you do it again I will kill you'. He then headbutted me in the face. The force of the blow knocked me back and, in self defence, I struck him back once in the face with my right fist. The male, who is much larger than I, then grabbed me, picked me up and slammed me hard onto the floor on my back. He landed on top of me and continued to attack me, I struggled to get free but the male had me in a head lock. Eventually he was pulled off me and we were separated. Immediately following this a female, who I now know is his wife, stepped close to me and pointed at me and shouted that I had attacked her. I stated that I had not. I was then escorted to the store staff room by a few members of staff.

    The police were called and when they arrived I told them that I wanted to press charges. As I was leaving with the police the duty manager called me into the managers office and handed me a piece of paper stating that I was suspended pending an investigation into the incident.

    The following day I received a letter from the store (hand delivered) stating that I was suspended pending an investigation into my alleged gross misconduct for assaulting and verbally abusing a customer. It stated that I was not permitted to enter the store and that I must not contact any of my store colleagues.

    I have union membership and so contacted my store union rep. Over the last week he has looked into this and relayed information to myself. The store management have told him that I should expect either a final written warning or dismissal for 'bringing the company into disrepute'.

    I cannot believe that I am being made the scapegoat. My employment record at work, other than a few days off sick, is impeccable. I am never late for work and recently was commended for my customer service getting a 100% score in a recent mystery shopper visit.

    Some of the details that my union rep told me today include - the female states that I had attacked her in the car park the previous day (this never happened). That I was recently involved in an incident whereby I was abusive and aggressive to my line manager on the shop floor (again this never happened).

    The incident happened 8 days ago, since then I have been to hospital twice, my doctors twice, and to the dentist once, all due to the injuries suffered during this assault. I have also felt very depressed and upset (I cried for the first time in many years a few days after the assault) and on top of this, my only friends here where I live are friends from my place of work and I have been told I cannot speak to them.

    I really do not know what to do. I have been employed by the company for 21 months. Any advice would be greatly appreciated and if you want to know more please ask.

    Thank you
    Tags: None

  • #2
    Re: Dismissal after being assaulted at work

    How awful, Squidge. I'm so very sorry

    Do you think another member of staff might have done the things you were accused of doing the day before and you have been mistaken for that person?

    Is there any CCTV of either or both incidents?

    Comment


    • #3
      Re: Dismissal after being assaulted at work

      Who witnessed the attack on you? Who 'pulled him off'? Any CCTV (presumably the till area is covered)?

      Whilst they can instruct you not to reenter the store, they cannot stop you speaking to whoever you like outside your place of work. They cannot claim complete control of your life, and if they try, then that may well be a breach of HRA.

      Push this hard with the Police. Make it clear that you won't let it drop.

      If the union rep appears to be underperforming (local reps are usually out of their depth with anything serious), go higher and ask for a full time official. This merits their best attention. Which union is it?

      Consider taking professional legal advice, but check with the union first, as some won't handle a case if you consult a solicitor independently. Does your household insurance include Legal Cover?

      Comment


      • #4
        Re: Dismissal after being assaulted at work

        Originally posted by MissFM View Post
        How awful, Squidge. I'm so very sorry

        Do you think another member of staff might have done the things you were accused of doing the day before and you have been mistaken for that person?

        Is there any CCTV of either or both incidents?
        Hi MissFM,

        thank you for your concern.
        Each member of staff that accompanied me to the staff room afterwards said I did the right thing in defending myself. Maybe I could have walked away, but after being physically attacked the last thing I wanted to do was turn my back on him so that I could not defend myself. The police actually said to me that I have the legal right to defend myself physically if assaulted which is all I did.

        There is definitely CCTV footage of the incident by the tills, however, I have not been permitted to see this. As for the alleged car park incident I am unsure as to what cameras there are in the car park but I am hoping that there is some at lease.

        Thanks

        Comment


        • #5
          Re: Dismissal after being assaulted at work

          Originally posted by enquirer View Post
          Who witnessed the attack on you? Who 'pulled him off'? Any CCTV (presumably the till area is covered)?

          Whilst they can instruct you not to reenter the store, they cannot stop you speaking to whoever you like outside your place of work. They cannot claim complete control of your life, and if they try, then that may well be a breach of HRA.

          Push this hard with the Police. Make it clear that you won't let it drop.

          If the union rep appears to be underperforming (local reps are usually out of their depth with anything serious), go higher and ask for a full time official. This merits their best attention. Which union is it?

          Consider taking professional legal advice, but check with the union first, as some won't handle a case if you consult a solicitor independently. Does your household insurance include Legal Cover?
          Hi enquirer,

          I am unsure as to who witnessed it as I have not been allowed to ask anyone although from your information it seems as I expected that my employer has no right to dictate what I or my colleagues discuss outside of work. The store was fairly busy at that time and I expect there were numerous witnesses, some staff some customers. I am unsure who pulled him off of me, a mixture of staff and customers I believe.

          And indeed I intend to fully pursue this to its full extent with the police. I have spoken with the union (USDAW) through their head office and someone higher up the chain is already involved. I have to attend an investigation meeting on Friday 11th July 2014 and the store union rep will be attending. According to company policy at the end of this meeting my employer must tell me that they either intend to take no further action (although it has already been indicated otherwise) or give me a date for a disciplinary hearing at which point they have to give me copies of all relevant documents so I should have a better idea of witnesses etc at that time.

          Thank you

          Comment


          • #6
            Re: Dismissal after being assaulted at work

            Dear
            squidgearooney I tend to believe this was something set up by someone who wants to throw you out of your work. Only internal infos could help you learn about it and this is the reason why you are not allowed to talk with your colleagues! They know that you rather wouldn't be able to afford a private investigator in the matter. You should get a compensation but at any rate go away from this bad employer. This is my opinion but it could be that I am a bit paranoic,
            Annie-777

            Comment


            • #7
              Re: Dismissal after being assaulted at work

              A set up?
              So someone has got someone else to assault the OP so they lose their job?
              The Police were called the attacker may well end up with a conviction just to try and get the OP sacked
              Strange idea!

              Comment


              • #8
                Re: Dismissal after being assaulted at work

                no, it is not as strange as it seems! If someone comes to my work and assaults me personally saying for example that I am stalking him (hypothetically) my boss might think that I am privately a misconducted person and I am rather not to trust. This my boss can use as an excuse to dismiss me until clarification. Doesn't it come strange to you that she/he is not allowed to contact her/his colleagues?

                Comment


                • #9
                  Re: Dismissal after being assaulted at work

                  What about the Police?in many cases of suspension from work we read that the accused who is suspended is forbidden to talk to other employees as far as I know only a judge can stop someone from talking to another
                  You have come up with a conspiracy theory reserved for books and TV

                  Comment


                  • #10
                    Re: Dismissal after being assaulted at work

                    well, every day life is sometimes by far more intriguing than books and TV!

                    Comment


                    • #11
                      Re: Dismissal after being assaulted at work

                      1. What did the police do as to the assault on you
                      2. You made an allegation of assault, the police are duty bound to investigate, what happened
                      3. i take it you are suspended on Full pay pending the fact finding interview
                      4. The employer can stop you talking with employees of the company when an investigation is in process. That is a standard term in any companies Disciplinary process
                      Last edited by ironman; 5th July 2014, 21:26:PM.

                      Comment


                      • #12
                        Re: Dismissal after being assaulted at work

                        Originally posted by squidgearooney View Post
                        According to company policy at the end of this meeting my employer must tell me that they either intend to take no further action (although it has already been indicated otherwise) ...
                        Ahead of the preliminary investigation? How did they convey this? Do you have it in writing?

                        Stress to the Police that there is CCTV footgage of the incident and that they must act quickly, lest the tapes 'disappear'.

                        I was then escorted to the store staff room by a few members of staff.
                        Were they genuinely assisting you, or were you being detained?

                        Whilst it is possible that the pair that attacked you were simply lunatics, there is something about it that suggests that it may be a scam. If your attackers can get you declared 'guilty' and sacked, then their way will be clear to launch a massive compensation claim against the company.

                        If this is so, then it would be in the company's interest to assist you.

                        Comment


                        • #13
                          Re: Dismissal after being assaulted at work

                          with regards to the above discussed 'conspiracy theory', while I appreciate your opinion Annie-777 I am absolutely certain that this was not a set up of any means and is simply an incident between myself and this male that has now fallen for the company to deal with.

                          Comment


                          • #14
                            Re: Dismissal after being assaulted at work

                            Hello squidgearooney, I have never heard such a crazy incident before! I wish you that everything gets clear for you soon and that you get a compensation for this unpleasant adventure! By best wishes to you!

                            Comment


                            • #15
                              Re: Dismissal after being assaulted at work

                              Hi Enquirer,

                              I do not yet have details of this in writing (further action being indicated already) but it was suggested by store management to my union rep that the best I can expect from this is a final written warning. For them to indicate this prior to the investigation would to me suggest that they have made their mind up already and that the investigation is simply a matter of following procedure. I am currently trying to confirm this with the union rep and get some kind of evidence.

                              The police are fully aware that there is CCTV footage and as far as I am aware they have already seen this. If my employer does decide to take this further and to a disciplinary meeting they must give me copies of all relevant documents, I would consider the CCTV pretty relevant and will therefore be asking for a copy of this also although I am not sure where I will stand with the legality of obtaining this but I have to try at this point.

                              The colleagues were genuinely assisting me and did not lay a hand on me or tell me that I must not leave, however, one of them stayed with me at all times while we waited approximately 30 mins for the police to arrive, even accompanying me to the staff locker room when I went to the toilet so I expect that he was told to keep an eye on me for whatever reason.

                              I am unsure as to this being a scam to be honest. From what I understand the male is under the impression that I had attacked his wife. From his point of view, as per the point of view of most males I expect, he would want to at least have words with someone who he thinks has attacked his wife. Yes if he thought that then he should have involved the police but I suppose the red mist descends and shit happens, god it sounds like I am defending the guy, I'm not but I am trying to understand the incident from a point of neutrality and that's what I come up with.

                              I think the company are actually a bit unsure what to do, this is probably not a very common occurrence and they are now just simply trying to cover themselves by getting rid of me so that no action can indeed be taken against them as a company.

                              Comment

                              View our Terms and Conditions

                              LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                              If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                              If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

                              Announcement

                              Collapse

                              Welcome to LegalBeagles


                              Donate with PayPal button

                              LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

                              See more
                              See less

                              Court Claim ?

                              Guides and Letters
                              Loading...



                              Search and Compare fixed fee legal services and find a solicitor near you.

                              Find a Law Firm


                              Working...
                              X