Hello, my name is ***** ***** it is my pleasure to assist you with your question today. When were you dismissed?
It is possible for an employer to dismiss someone for conduct outside the workplace. For example in Eggleton v Kerry Foods Ltd, an employee was dismissed fairly for fighting off-site with a colleague. While the fight took place in a car park across the road to the workplace, the employee’s conduct clearly affected working arrangements and had completely broken the employer's trust.
Long service, previous good conduct and provocation are all factors that may be relevant when deciding whether dismissal is the appropriate sanction. The issue is that there is no clear reference or scale that one can refer to which would give you a definitive answer to your question. One judge on one day may decide the dismissal was too harsh, another on a different day could easily decide it was fair. These issues are also mainly decided on appeal if either you or the employer decided to appeal the tribunal’s decision but then it all gets rather expensive and complex.
did he leave as a result of this incident?
These are mitigating factors – the first example I gave was where the other employee involved could not return to work as a result of the fight so the fact this person does not work there anymore and it had nothing to do with this incident should help. So there would certainly be arguments you can raise, 19 years is very long service and having had n disciplinaries to date and this being out of character with no further repercussion but no one can guarantee the outcome if you were to take it to tribunal. Before you do that you should appeal with the employer anyway and after that you also have to use ACAS to try and get settlement before claiming.
yes of course you have nothing to lose. Even getting ACAS involved is free and the worst that can happen is you reach no agreement with the employer
no this is still assault whether you hit them or not and in any event the employer would not be expected to differentiate between the specific criminal aspect of the offence
You could lose but it does not change your current position
if you win an appeal then they can re-employ you
if you won at tribunal you are looking at compensation for loss of earnings
no if you take it further it does not affect your rights - you are legally entitled to take it further if you wanted to
you are most welcome