Threat or Statement?

[Darr01]

Evening all, I'm currently under investigation at work and next week I have to attend an appointment where I may be sacked under "Gross misconduct"

After been threatened by a colleague and feeling the management did nothing about it although he was seen as been "having an aggressive manor" in an initial meeting between myself, him and 2 managers we left the managers office to return to work and I was overheard saying to him "If you ever threaten me again I will break your F****ng legs" (the gross misconduct charge) the question I have is...... Should this to be taken as a threat or a statement. I have consulted with the union (although I'm not a member) and there unsure. Due to it been the bank holiday weekend I fear I cant get a professional answer until its too late, hence why I'm here. Thanks in advance.

[stevemLS]

Re: Threat or Statement?

Why do you think it makes a difference as to whether it is gross misconduct or not?

For what it is worth you made the statement directly to him and it was a conditional threat of a future outcome.

[Tools]

Re: Threat or Statement?

In my opinion it was both. You made a statement that was threatening, you do not dispute the facts of what was said, or indeed that it was said.

I'm afraid making a threat of physical violence against a colleague, the company has to address it to show a duty of care to that employee, much the same as your complaint against his threats towards you. What had been decided in the meeting?

You could argue that it was said in the heat of the moment due to your frustration that the meeting immediately before that your own concerns hadn't been addressed. Either way both complaints should be dealt with equally and fairly.

[FlamingParrot]

Re: Threat or Statement?

Evening all, I'm currently under investigation at work andnext week I have to attend an appointment where I may be sacked under "Gross misconduct"

Will this 'appointment' be a disciplinary hearing?

After been threatened by a colleague and feeling the management did nothing about it although he was seen as been "having an aggressive manor" in an initial meeting between myself,

Did you start a grievance at the time this happened?

him and 2 managers we left the managers office to return to work and I was overheard saying to him "If you ever threaten me again I will break your F****ng legs" (the gross misconduct charge) the question I have is...... Should this to be taken as a threat or a statement. I have consulted with the union (although I'm not a member) and there unsure. Due to it been the bank holiday weekend I fear I cant get a professional answer until its too late, hence why I'm here. Thanks in advance.

Whether it's regarded as a threat or a statement wouldn't make any difference, nor would you need a professional to tell you that, if they have made up their minds to let you go, it won't matter much what you say. I realise you may feel let down by the management for not taking action when you complained, but unfortunately responding to threats with further threats can hardly ever be justified. It could be different if you had said something like: "If you threaten me again, I'll make sure you lose your job", because that's something you could achieve via the appropriate channels such grievances and talking to the management.

I hate to say this, but threatening physical violence is a bit like going into a phone shop with a faulty phone asking for it to be exchanged and, when they refuse, nicking one from the wall and walking away with it. Even though you had a good reason for doing so, you could still be guilty of theft because there's a process to be followed.

[Darr01]

Re: Threat or Statement?

Thanks all for your input, I will have to see how the meeting goes next week. I understand where your coming from with what sounded like a threat towards him but I thought me using the words "IF YOU THREATEN ME AGAIN" is more like me giving him an option, that if he did threaten me again then I would break his legs but maybe I'm wrong.
No I didn't start a grievance against him because at the time I didn't really want to report it (looks childish) but it was only after taking advice from others that I decided to. I was disappointed that the managers didn't take his threat serious even after he was coming across "aggressive" in the initial meeting, maybe that's the road I should go down, once again thanks all.