hello everyone

[hpfruity]

Hi everyone ,
I've been recently dismissed by my employer after 8 years service after been attacked at a work event by a manager. Even though he came looking for me,started an argument with me, became abusive and finally head butting me in the face breaking my nose, I was dismissed on the grounds of using excessive force in the act of defending myself and halting his actions. Since then I have requested funding for a tribunal from my union who refused support because they were advised by their solicitors that i have a less then 50% chance of winning. Even though the only evidence they have read has been statements taken by the manager of the company who attacked me which i felt were biased and taken solely to retain the services of the manager who attacked me.

Does anyone think i would have a civil case?

[myrtlemaid]

Re: hello everyone

I suspect the difficulty might be finding witnesses who would be good to support your case because if none were found earlier , ( for fear of loosing their jobs possibly ), then i doubt theyd come forward now...Also remember if its a civil case you would still need to find a way of funding it, Although your union werent particularly helpful it may still be worth having a chat with them about the pros and cons of taking a civil action just so you feel youve looked into every avenue about this.. Sounds very unfair and i hope you are ok and able to find another job soon

[des8]

Re: hello everyone

As the attack was instigated by the manager, who broke your nose was the manager disciplined in any way?
As it was an assault, involving violence and injury were the police involved?

I hope some of our employment specialists are along soon to give advice as this sounds very unfair to me.

[myrtlemaid]

Re: hello everyone

Sounds unfair to me too if your union really wont helpit may be worth contacting CAB I understand they have lawers who may be able to at least talk you through what your options are !

[hpfruity]

Re: hello everyone

The police were involved and we both accepted a caution. There was an independent witness who saw him head but me first and made a statement to the police and he admitted head butting me first.
Although all the statements taken by work tried very hard to paint me as the aggressor they were laughable and full of holes.

I was relieved to hear that cctv captured the whole incident but upon seeing it played back I walked away with the suspicion that it had been doctored as it was unwatchable. I would of thought that one of the top hotels would of had a higher technology threshold than that.

Thanks for your feedback.

[Celestine]

Re: hello everyone

Have you tried having a chat with an employment lawyer regarding the dismissal and/or a civil claim? Certainly would seem sensible to get an expert opinion?

[Johnboy007]

Re: hello everyone

Hi,
Have you got an appeal procedure?
Was it a company event, organised by the company?
Funding for a tribunal may not necessarily be needed.
It depends on your case.
If you have a strong case, it is usual for a tribunal to make the employer pay the costs. It is unusual for them to make an employee pay costs.
If your case however, is weak, has no foundation and little chance of success. Or it appears you are being vexatious, then the tribunal will make you pay costs.
So be very sure of your facts.
You can contact the police and ask for the CAD Number which is logged to police involvement with your case.
You can also request a copy of any statement made to the policeman and logged in his notebook.
If the manager admitted head butting you first and it is logged by the police, then it would be a great advantage to your case.