Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for?
Has the employer said they are taking any action against you?
not yet im not at work until tomorrow just trying to find out how i stand as far as boss can do
ok let me get my response ready please
It is impossible to say exactly what he employer will do as a few options are open to them. First of all they could decide that no further action is necessary and simply do nothing about it.
They could decide to suspend either or both of you whilst they investigate the incident and decide if further action is needed. Suspension is not an indication of guilt and it is just a precautionary measure whilst an investigation is conducted.
In terms of worst case scenario then dismissal is an option, although I would hope it doesn’t get to that. For an example of case law that dealt with such situations you may refer to the case of Eggleton v Kerry Foods Ltd. An employee, Mr Eggleton, was dismissed for a fundamental breach of trust after having a fight off-site with a colleague, Mr White. There had been an ongoing dispute between the two colleagues but their Manager took the relevant steps in an attempt to clear the air and sort out their issues. He warned Mr Eggleton if there were further incidents he would take disciplinary action against him, and gave Mr White a verbal warning also. However, the attempt to resolve their differences did not work and a fight took place in a car park over the road from their workplace. After the fight occurred Mr White said he did not feel safe in the workplace and wanted to resign, therefore the Manager decided to dismiss Mr Eggleton on the ground of fundamental breach of trust as he recognised it was his duty as a manager to provide a safe place for his employees to work under his charge. The act was considered as gross misconduct; however the Manager took into account the good record and length of service of Mr Eggleton.
So even if the fight had occurred outside of the workplace and not in working hours, if it affects the overall working relationship then the employer can take disciplinary action against those involved, up to and including dismissal, although it can just be a warning too, depending on the seriousness of the incident.
you are welcome
ok thanks again
all the best