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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50161
Experience:  Qualified Solicitor
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I need to ask about an assault where someone threatened me

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I need to ask about an assault where someone threatened me but there where only two of us in the room at the time
Hello how can I help?
Customer: replied 2 years ago.
Are you an experienced Criminal Barrister? How much experience do you have?
Customer: replied 2 years ago.
This Guy I work with does not like me. I got a promoted to a job he thought he would get and ever since that he has been furious with me.He said to me that one of these days I would get him in a bad mood and he would "Clean me". I took this to mean he would give me a beating.There were no witness in the room at the time. What can I do. I told my employers and they spoke to him but he denied it and said I was a nutter.
Sorry if I am missing the point but what is the assault?
Customer: replied 2 years ago.
Yes you must missing the point.My first question was in reference to your experience with criminal law which you have not addressed.Can you read the question again?
Thanks. I think I will opt out
Customer: replied 2 years ago.
Oh Dear. You're opting out when I ask about you experience in Criminal law??Why did you opt in in the first place?
Hello, your question was released to everyone else so I can assist if you still need help. So to clarify, you wish to take the alleged verbal assault further and you want to do so from a criminal perspective, is that correct?
Customer: replied 2 years ago.
ThanksThat was the sort of comment I was originally expected.Yes I wanted to take the verbal assault further but I have no idea how and if I am wasting my time as I do not have a witness.I guess the Police would look at it in that light also? Could I take some sort of Civil action against e.g. sue him for harassment or something like that? I know very little about the law.Thanks
No problem, I will try and explain your legal options. So first of all you have the internal employer route via the grievance. You have already tried that and it has not helped much. You can appeal the outcome of a grievance if you wanted to, unless you have already done so. The criminal route is a complaint to the police. However, it may indeed be dealt in a similar way as the employer’s decision due to the lack of witness evidence. This is essentially going to be your word against the other person’s and if he denies it then the police are not going to be able to determine who is telling the truth so they will not take any action. If you think about it, you could be making a false and malicious complaint so a person should not be reprimanded falsely if there is no evidence to back it up. Of course we know that this is not a false complaint but how would the police be satisfied otherwise? That is the difficult here. Similar issues may arise if you were to pursue this in a civil case. Harassment can only occur if you have been the subject of unwanted behaviour on at least two occasions. You may indeed be able to show that you have been harassed by this person more than once but that does not mean it will be a walk in the park. You would still have to start the claim, pay the court fees, produce the evidence and convince the court that harassment has occurred and that it was serious enough to justify them ruling in your favour and then awarding compensation. Even if you win, it does not guarantee payment – the person could refuse to pay you or declare themselves bankrupt. You then have to pay more money to try and find enforcement methods to enforce the judgment and try to get the money. It could easily drag on and incur you more costs. So you must not jump at the chance of court action without being realistic about what your potential outcome could be. So at this stage, whilst you have nothing to lose by contacting the police, be prepared for no further action on their part. It may be that you should leave this here after that and prepare yourself better for any future incidents by having a way to record them. For example you could make an audio or video recording on your phone or a Dictaphone – that is not illegal even if you do not have his consent. You could then use such evidence either with your employer or with the police and then you would have the necessary evidence. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 2 years ago.
Good answer.Last question. If I complain to the Police MUST they interview him?
No they do not. They could act based on the evidence they have and decide that even interviewing him will have no impact on their decision and leave it there. They could of course try talking to him first but it is not a legal requirement. Hope this clarifies?
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50161
Experience: Qualified Solicitor
Ben Jones and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.
I see. He is a cowardly character and if they called on him and questioned him he might have "cracked" under pressure and admitted it
That may be the case but you have to remember that this will not be viewed as a serious offence by the police - it is verbal assault, one word was said which was threatening. With no evidence to back it up, I do not think they will see it as sufficient justification to take it further and even bother interviewing anyone. So that is why in the circumstances I do not predict this going very far, but as mentioned you have nothing to lose by at least trying, you will not be penalised for it
Customer: replied 2 years ago.
Thanks again - 5 Stars
Many thanks, ***** ***** best