Colleague admitted to assault - can I whistleblow?

[muriel]

Hello all,

A colleague admitted to assaulting me to our manager. The colleague has not been suspended and no action was taken. Police investigation is ongoing.

The colleague works with vulnerable people and I am concerned that the employer is putting them at risk since the colleague has a tendency to be violent.

Would this classify as a Protected Disclosure to whistle blow or am I getting it completely wrong?

[mariefab]

Re: Colleague admitted to assault - can I whistleblow?

It was pretty foolish for your employer to respond that all is fine because the police are investigating.
It proves that although they were aware that one of their employees is being investigated by the police for assaulting another member of staff they have taken no action to prevent or limit this employee's access to the vulnerable persons that this employer has a duty to protect.

I think that your best bet is to raise this matter again in writing.
As they haven't informed you of their grievance or whistle-blowing procedures, just set it all out in a letter.
Start from scratch. Lay it out in chronological order giving dates and who proffered/ received what information. Write as if you are telling your manager's boss what's happened so far and this is the first he/she has heard of this matter.
This will then be in fact and law a whistle-blowing grievance regardless of the name the employer chooses to give it.

Let us know if you need any assistance compiling it.

[muriel]

Re: Colleague admitted to assault - can I whistleblow?

Was the reply in writing?

Yes.

[mariefab]

Re: Colleague admitted to assault - can I whistleblow?

Was the reply in writing?

[muriel]

Re: Colleague admitted to assault - can I whistleblow?

I agee with Openlaw.
It has been established in employment case law that 'likely' means 'could well happen'.
You said that this person has been violent in the past and has now assaulted you. A person with such a known propensity for violence could well endanger vulnerable persons (or indeed any individuals).

If you are considering raising this matter with the relevant safeguarding authority then, for your protection, you must put all your concerns to your employer in writing (keep a copy) and give them a couple of weeks to respond before you do so.

I emailed my manager over a month ago raising concerns as a professional working with vulnerable adults that even though my colleague admitted to the assault, he is still allowed to work.

I also asked for advice in how to raise my concerns, through grievance or through our whistle blowing policy.

I received a reply that they cannot comment as it is confidential and that all is fine since the police are investigating.

Shall I discuss this with my manager again (with an email to follow)?

[mariefab]

Re: Colleague admitted to assault - can I whistleblow?

I agee with Openlaw.
It has been established in employment case law that 'likely' means 'could well happen'.
You said that this person has been violent in the past and has now assaulted you. A person with such a known propensity for violence could well endanger vulnerable persons (or indeed any individuals).

If you are considering raising this matter with the relevant safeguarding authority then, for your protection, you must put all your concerns to your employer in writing (keep a copy) and give them a couple of weeks to respond before you do so.

[Openlaw15]

Re: Colleague admitted to assault - can I whistleblow?

Thank you for this.

There is no history of abuse towards vulnerable people that I am aware of. How can it be gauged if the health and safety of vulnerable persons is likely to be endangered?

It's the possibility of there being an issue working with vulnerable persons that creates the problem not necessarily that was no vulnerable person's endangerment in the past, it's whether it's likely in the future. The law says this: "(d) that the health or safety of any individual has been, is being or is likely to be endangered:" s. 43J (1 (d))

[muriel]

Re: Colleague admitted to assault - can I whistleblow?

In the context of making a protected disclosure; 'good faith' means that you believe the information to be true. You are protected even if it turns out that you were mistaken.

So, you are covered both on the grounds that you believe a criminal offence has been committed and that the health and safety of (vulnerable) persons is likely to be endangered.

Thank you for this.

There is no history of abuse towards vulnerable people that I am aware of. How can it be gauged if the health and safety of vulnerable persons is likely to be endangered?

[mariefab]

Re: Colleague admitted to assault - can I whistleblow?

In the context of making a protected disclosure; 'good faith' means that you believe the information to be true. You are protected even if it turns out that you were mistaken.

So, you are covered both on the grounds that you believe a criminal offence has been committed and that the health and safety of (vulnerable) persons is likely to be endangered.

[muriel]

Re: Colleague admitted to assault - can I whistleblow?

That was very helpful, thank you
I shall follow up with the police now to see if they are going to charge the colleague.

[Openlaw15]

Re: Colleague admitted to assault - can I whistleblow?

I fell over, but did not take any pictures and did not attend A&E, no photographs either.

Unless the police charge him with an assault type situation, it's not likely to be a crime. It is possibly enough for a crime if the police charge him but do not get a conviction. A charge would be in an interview where they say 'we're charging you with "criminal assault"'

[muriel]

Re: Colleague admitted to assault - can I whistleblow?

I was just considering all possibilities for information purposes only. Were you injured, was there any bruising, did you take photographs of any injuries? Although he admitted shoving you he has admitted 'criminal assault.'

I fell over, but did not take any pictures and did not attend A&E, no photographs either.

[Openlaw15]

Re: Colleague admitted to assault - can I whistleblow?

The colleague has not touched me in an intimate place. Just pushed me with a great force.

I was just considering all possibilities for information purposes only. Were you injured, was there any bruising, did you take photographs of any injuries? Although he admitted shoving you he has admitted 'criminal assault.'

[muriel]

Re: Colleague admitted to assault - can I whistleblow?

Touching a female in an intimate place also, is actually assault under the Sexual Offences Act 2003.

The colleague has not touched me in an intimate place. Just pushed me with a great force.

[Openlaw15]

Re: Colleague admitted to assault - can I whistleblow?

The colleague shoved me really hard and called me racist names. The colleague is denying racially aggravated assault (but that is what the police are treating it as), but did not deny shoving me.

Touching a female in an intimate place also, is actually assault under the Sexual Offences Act 2003.