Where to go when there is No dismissal !

[deadlydaly74]

Hi,
Just wondered if anyone could help out a little, it's regarding my wife who works part time. Two weeks ago a work colleague of hers (Nasty piece of work) had come to work drunk then threatened my wife before an unprovoked attack that had my wife go to the police and file a complaint. i wanted charges pressed but the police in there infinite wisdom thought a stern talking to would suffice. back to the attack there was a colleague who tried to pull the woman off my wife and eventually succeeded. Now she witnessed the attack and told employers as much in a hearing with a manager and HR person as did the Urchin and my wife. Now my wife was suspended on pay while they conclude there investigation, she is now back at work. but it seems the Nasty piece of work might not get sacked.
Now it's my understanding that being drunk at work is classed as gross misconduct as is an attack on a work colleague both i believe are sackable offences.
My question being if she's allowed back to work what channels would i go down to take this further.
My wife has already stated she would leave if she is reinstated which in my eyes is more than unfair.
So her company has a witness account of the incident, also police reference number of the said incident.
If anyone could enlighten me as to what i could do it would be much appreciated.

[teaboy2]

Re: Where to go when there is No dismissal !

The employer has a contractual obligation of duty of care to your wife, they also have a legal duty to protect your wife from bullying and harassment. This means the employer will have to keep your wife and her attacker separate. If they fail to do so, your wife may be able to claim constructive dismissal on the grounds that the employer failed in their obligation of care to your wife, and to protect her from bullying and harassment, which includes future risk of futher bullying and harassment.

Your wife may even take her attacker (or your employer, see below) to civil court for damages for distress.

Your wife may also make a claim in civil court against your employer for assault as a result of your wife being assualted at work and the employers failure to protect her from such situations or incident.

More info for your to read through here -link removed as 404 error

What reason was given for your wifes suspension? or was it just so the employer could find out who was at fault?

[deadlydaly74]

Re: Where to go when there is No dismissal !

The employer has a contractual obligation of duty of care to your wife, they also have a legal duty to protect your wife from bullying and harassment. This means the employer will have to keep your wife and her attacker separate. If they fail to do so, your wife may be able to claim constructive dismissal on the grounds that the employer failed in their obligation of care to your wife, and to protect her from bullying and harassment, which includes future risk of futher bullying and harassment.

Your wife may even take her attacker (or your employer, see below) to civil court for damages for distress.

Your wife may also make a claim in civil court against your employer for assault as a result of your wife being assualted at work and the employers failure to protect her from such situations or incident.

More info for your to read through here - link removed as 404 error

What reason was given for your wifes suspension? or was it just so the employer could find out who was at fault?

Thanks for reply. I Believe it was a week off just to investigate, my wife will get paid apparently. The attacker will find out Monday if she still has a job (of which i hope not). My wife is understandably distressed by the whole thing, plus hearing that this Cretin has made threats that she'll attack her if she see's her in the street IF she loses her job. All this whilst wearing a tag for previous, so she is that stupid and doesn't seem to care. but the police were happy, Insistent even to let it go and wait till she doe's it again.

[Tools]

Re: Where to go when there is No dismissal !

If the attacker is allowed to remain in her job and your wife decides to leave she can without doubt claim constructive dismissal, depending of course on how long she has worked there.

[teaboy2]

Re: Where to go when there is No dismissal !

Thanks for reply. I Believe it was a week off just to investigate, my wife will get paid apparently. The attacker will find out Monday if she still has a job (of which i hope not). My wife is understandably distressed by the whole thing, plus hearing that this Cretin has made threats that she'll attack her if she see's her in the street IF she loses her job. All this whilst wearing a tag for previous, so she is that stupid and doesn't seem to care. but the police were happy, Insistent even to let it go and wait till she doe's it again.

If your wife's assailant has been making further threats to attack her if she sees her in the street, should she loose her job. That is criminal harassment, your wife needs to report it to the police and to the employer.

If the attacker is allowed to remain in her job and your wife decides to leave she can without doubt claim constructive dismissal, depending of course on how long she has worked there.

Exactly. Qualifying period is 2 years employment. Though in this case the OP's wife can still seek civil claim against her attacker and against her employer, regardless of if she has worked there for the qualifying period or not.