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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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my work has classed this a gross missconduct.: threats of

Customer Question

my work has classed this a gross missconduct.:

threats of physical assault to a colluege inside work hours and after normal working hours.

would this only apply if it was in work?

would this be deemed as an unfair contract rule.?

can my employer really discipline me for this matter?
Submitted: 4 years ago.
Category: Law
Expert:  UK-Justice replied 4 years ago.
Thanks for your question, my name isXXXXX will do whatever I can to help you today.

Does your employer have a policy about conduct and what could be gross?

Do they have a policy about outside hours?
Customer: replied 4 years ago.
there is NO policy for out off hours. but it doesn't state if its in a place of work or out off work for this rule. however

on other offences or issues of gross misconduct ,it specifies that they are for inside work and out side work and this is placed In brackets..


this is all very confusing for the untrained legal mind, if what I've stated isn't clear I could take photos of my work hand book to make things clearer.
Customer: replied 4 years ago.
no policy for outside hours. but they do have a list of miss conduct and gross miss conduct.

there letter to me states this. threats of assault towards a colleague on the night of Thursday 7th march 2013, were threatening and abusive comments were made towards a colleague.


what they stated in the hand book is:

gross misconduct; physical assault or threats of physical assault towards a colleague, member of the general public, customer, agent or guest either during or after normal hours.

they have out a disclaimer at the bottom. stating these examples aren't ridged and it could be anything they deem as gross miss conduct.

where do I stand? could my irritable behaviour due to medication n alcohol be used as an excuse . I know if it was just alcohol then it's no excuse.
Expert:  UK-Justice replied 4 years ago.
Employees can be bound by conduct outside of working hours.

Otherwise for example you could have a police officer that killed someone outside work but remained an officer - clearly unacceptable.

In this case there is an employee handbook that states that threats in or outside work are gross.

Further many companies provide a list and say that that it is not exhaustive
.
So yes it could be gross misconduct and it is also a common clause.

If there you have any questions or if I can help you with anything else please let me know.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

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Customer: replied 4 years ago.
for the last 4 to 5 weeks I've been taking strong pain killers, because of my Brocken foot . work obviously know about this. I've found myself getting very irratable on these meds, now just found out through the NHS web site that alcohol can enhance side effects, and increase the potency of the two pints I had ( I don't normaly drink) could this be used as an argument in the meeting for my unuseral behaviour such as getting really irratable and just losing it, because it's so unlike me, I'm feeling really remorseful off what happened n feel shocked by my behaviour . what would you advise?
Expert:  UK-Justice replied 4 years ago.
If you have mitigation then while the misconduct is made out ou have a good reason for it.

Show proof of your medication and side effects.


If there you have any questions or if I can help you with anything else please let me know.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 4 years ago.
thank you
Expert:  UK-Justice replied 4 years ago.
Welcome
Expert:  UK-Justice replied 4 years ago.
I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice

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