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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47630
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have been working company 10 years, clean record. I have

Customer Question

hi all
I have been working for the company for nearly 10 years, clean record.
I have been assaulted at work under the watchful eyes of the team leaders and they didn't interfere to protect me.
the person who assaulted me has been involved in a figh before and he was never disciplined , yet this time we both been dismissed on grounds of gross misconduct.
all the statements point out that I haven't initiated the argument nor did I retaliated to the assault but I might have pushed the other person in self defence.
do you think that I have a case here please ? if so how much I am entitled to?
could you advise please if I have to claim under unfair dismissal or discrimination as the company have acted differently in the past with other cases ?
thanks in advance
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 1 year ago.

Do you know if there is an appeal procedure at the place where you worked?

Customer: replied 1 year ago.
hello ben , my name is ***** ***** your assistance is much appreciated
Expert:  Ben Jones replied 1 year ago.

Hi Youssef. Please do provide the information requested and then leave it with me. I am in court today so I will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Customer: replied 1 year ago.
I'm on my final appeal hearing. waiting for the decision. but I'm looking for advice on how to proceed if I fail to get my job back and have I got good grounds for a court case
Expert:  Ben Jones replied 1 year ago.

OK no problem. Leave it with me.

Customer: replied 1 year ago.
thanks
Expert:  Ben Jones replied 1 year ago.

Hi there, I do think you have a case here for unfair dismissal because even though you were involved in a physical altercation, you did so after you were provoked and in self defence. So if there is evidence to suggest that and back up your side of the story and the employer has still gone ahead and dismissed you, considering you have been there for 10 years and have a clean record, then there is a potential that the dismissal was unfair. This is because it would be too harsh to dismiss you in the circumstances and a better outcome would have been to issue you with a warning.

You will not be claiming for discrimination and your claim would be for unfair dismissal. In terms of compensation, this really depends on how long it takes you to find a new job. If you find a new job straight away then you will not get much because an unfair dismissal compensation claim only compensates you for loss of earnings as a result of the dismissal. But if you are out of a job for a long time because of tis then you could potentially get compensated for the time you were not working. So it will vary from case to case.

This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow to take the matter further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Expert:  Ben Jones replied 1 year ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Expert:  Ben Jones replied 1 year ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.