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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44392
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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On 11th February, I was assaulted at work, My Boss witnessed

Customer Question

On 11th February, I was assaulted at work, My Boss witnessed the Assault, at least in part.
I ended up, shaking, uncontrollably afterwards for a number of days, Doctor prescribed Anti Depressants and Signed me off work, for 2 weeks.

I returned to work, Spent just over a week, back, and was roistered to work with the chap who assaulted me,

I complained to Management, also management had done nothing about the incident which had made me Ill 3 weeks previously! I chose not to report it to the Police or make an official complaint, as due to the nature of the Incident, and the fact that it had made me unwell, it was my bosses responsibility.
(a similar assault happened, a couple of years ago, with a different driver)
However I ended up having a heated argument with my Boss, which resulted in me, having to leave as I felt unwell, was in quite a distressed state (as was my boss by the end of the discussion) This was entirely justified on my part, as the situation should never have occurred in the first place and I felt threatened by being forced to work with the Gentleman in question, and I feared for my safety.

I went back to the Doctors and was signed off work again, by which time, I really was a mess, was off work, for about 2 weeks,During which time, a meeting was held at work, at my request, in order to air my grievances and shortly aferwards the Doctor certified me fit for work, but I was not to work over 30 hours, as he felt going back to the hours I was working could make me Ill again (basically put on a 3 day week) I had a Return to Work, Interview, where I was informed I was being suspended because of the way I had spoken to my Boss in the argument prior to me becoming Ill for the Second Time.

They have now called a Disciplinary hearing, and I'm facing potential dismissal,

Just wondered, if it was right that a Victim of Assault, should be treated like this, as had management dealt with the matter correctly, the argument with my boss wouldn't have occurred in the first place!

Why didn't management deal with the Incident that occurred originally, in an appropriate manner, as they are duty bound by the health and Safety act?

Why as a Victim of assault, am I being made to be the guilty party, and am being made to explain my actions, which should not have been necessary in the first place?

I have worked for the company for a number of years, and I feel gravely let down by the manner in which, this situation is being dealt with.

This is having a damaging affect on my mental state, especially given the circumstances, and I am worried that it may have an affect of causing deformation of character, hearsay or word of mouth, that goes around in the industry, regarding such problems.

The Problem has now been reported to The Police.


The Disciplinary hearing was held on the 2nd of April 2014, and on the 4th of April I was Dismissed for Gross Misconduct (The argument I had with my Boss)

I appealed the Dismissal, producing a Doctors letter, giving evidence of my recent illness and was told, that had i produced the Doctors letter at the Dicaplinary hearing that the Outcome would have been different.

As I have now taken New employment I had no desire to be reinstated, however I asked for my notice pay, which was declined, even though they had agreed that I had been wrongly dismissed.
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. What is you specific query about this situation?


What is the next step with this, I'm concerned about the fact that they Stated Gross Misconduct as a reason to dismiss, I have worked for the Company for over 8 years, and I feel that they haven't dealt with this situation appropriately.


I have suffered hardship as a result of this situation due to loss of earnings, and I feel it only right that some help should be offered by the Company, given the Circumstances.

Ben Jones :

Now that the appeal; has been heard and you have exhausted the internal options for pursuing this, all you can do is consider taking the matter to the employment tribunal and seeking to claim for unfair dismissal and/or wrongful dismissal, the latter of which is a breach of contract claim where you argue that you were dismissed in breach of contract and that the reason was not actually gross misconduct and you should have been paid your notice period.


Before you can make a claim in the tribunal, you have to follow a new feature in the employment tribunal’s claims process, which is mandatory early conciliation with ACAS. This requires prospective claimants to notify ACAS and provide details of their intended claim and they would then try to negotiate between the claimant and respondent to seek out of court settlement in order to avoid having to take the claim to the tribunal. It is possible for the parties to refuse to engage in these negotiations, or that they are unsuccessful, in which case they would get permission to proceed with making the claim in the tribunal.


If negotiations are initiated and settlement is reached, then the claimant would agree not to proceed with the claim in return for the agreed financial settlement and/or reference.


The conciliation procedure and the form to fill in can be found here:


you can contact the employer and advise them this is the next step if they wish to consider their position one more time but if they refuse then this is your next step.


Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44392
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you, In the hands of ACAS now, looks hopeful.

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