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Mimi984
3rd March 2011, 23:14
Hi all
I am a girl of 27 years and this morning a coworker assaulted me. He is a man. Everything happened in front of my manager, but this man has not been fired and I have went for home. Calmer once I have sent a mail to my boss and I told him what happened and I'm not willing to return to work if this man is not fired. To my surprise, my boss has responded to the mail that have made this man a Disciplinary warning. Following that to me written: You may resume work with the confidence, knowing that this man will not be in your proximity, and his contract has been reduced to maintenance work only.
Is this legal? Because I'm Spanish and in my country this happens and that is an immediate dismissal for the aggressor. Anyone can help me? Thank you very much beforehand

Zippy
4th March 2011, 01:20
Assault is a criminal offence. If I were in your position I would call the police.
If everything happened in front of your manager, why did you email your boss? Are they different people?

realityhack
4th March 2011, 01:21
Well, mimi - not sure General is the best place for this, but I'm not sure it fits elsewhere either...
Assuming this is for real - you should speak to HR - the company should have clear policies and procedures for harassment and grievance in place, which may apply here. The nature of the assault, whether there were witnesses to it - and many other factors will need to be considered.

Whether you're contractor or perm - there are normally procedures in place that you can turn to. If you have some difficulties with English then I recommend a bilingual intermediary, whether provided by the company or through your own network.

I'm not a lawyer, but you should not tolerate anything of this kind. If you've been assaulted you are perfectly within your rights to press charges, regardless of the company's position.

EternalOptimist
4th March 2011, 05:25
The boss's email provides the proof that he witnessed, or at least acknowledged the incident. The police will do the rest, good luck m'dear

Churchill
4th March 2011, 07:10
Your employer has a duty of care for its employees and people who work on their behalf. It seems obvious that they have not fulfilled their duty so they may also have a case to answer if you wish to take this further.

Do we not have a tame HR Harpy who can help here?

SueEllen
4th March 2011, 07:12
Hi all
I am a girl of 27 years and this morning a coworker assaulted me. He is a man. Everything happened in front of my manager, but this man has not been fired and I have went for home. Calmer once I have sent a mail to my boss and I told him what happened and I'm not willing to return to work if this man is not fired. To my surprise, my boss has responded to the mail that have made this man a Disciplinary warning. Following that to me written: You may resume work with the confidence, knowing that this man will not be in your proximity, and his contract has been reduced to maintenance work only.
Is this legal? Because I'm Spanish and in my country this happens and that is an immediate dismissal for the aggressor. Anyone can help me? Thank you very much beforehand

This is legal.

They can't immediately dismiss the aggressor they have to go through formal steps for gross misconduct. The can immediately suspend the guy though.

Whatever they do very much depends on the company's policies.

Most companies just don't want to be sued by their employees either the aggressor or the victim of the aggression as solicitors' bills are expensive. Therefore they have to make it look like they are following employment law procedures on both sides. I personally know of a case where a guy assaulted 3 woman and a gay man within 4 months, then was only dismissed on the last incident as there were bruises.

Only you know your employer's (as in the wider company's) polices so the choice is yours on how you want to procedure.

Have a talk with HR. If you think they are giving you the brush off i.e. are not giving you a firm indication of how they are going to proceed, then book a free 30 minute consultation with an employment lawyer. You need to act immediately if you doubt HR will do things as there are time limits for things if you do have to take legal action. Once you have, have another meeting with HR indicating that you are going to take legal action against the company and the manager for not acting appropriately, then they will definitely do something. (The way employment law stands it's actually easier for you to go after the company and manager than the aggressor)

You can report it to the police but the police are unlikely to do anything unless you went to hospital due to the assault, as the assault is covered by another law i.e. employment law. However regardless it's worth reporting.

Edited to say: I know more than one person who has been assaulted at work. The last one being one of my neighbours' late last year. His workplace wasn't going to act until I pointed out that he was covered under the Disability Discrimination Act due to having had a long term illness. He went to an employment solicitor for a free consultation and reported back to his workplace HR. They acted immediately and the aggressor was "removed" from his post and relocated to a place 20 miles away, but the aggressor decided to resign. My neighbour's case was worse because the aggressor was trying to trump him with a race discrimination claim but unfortunately forgot the fact that there were bystanders not employed by the same company.

cojak
4th March 2011, 08:10
I think the OP is a weird spammer - 'she' threw this post right through all the forums earlier in the evening but this one got let through.

Just so you know....

http://www.google.co.uk/search?q=%22I+am+a+girl+of+27+years%22&ie=UTF-8&oe=UTF-8&hl=en&client=safari

Churchill
4th March 2011, 08:14
I think the OP is a weird spammer - 'she' threw this post right through all the forums but this one got let through.

Just so you know....

Heeerrrrreeee's Lucy! :laugh

Wilmslow
4th March 2011, 08:18
Heeerrrrreeee's Lucy! :laugh

Anyone heard from Lucy?

I kind of miss having her around, she gave me a good run for my money - kind of pity and envious of her partner at the same time. Bed she does some pretty full on domination!!

Churchill
4th March 2011, 08:20
Anyone heard from Lucy?

I kind of miss having her around, she gave me a good run for my money - kind of pity and envious of her partner at the same time. Bet she does some pretty full on domination!!

Pity you'll never know.

MaryPoppins
4th March 2011, 08:25
Anyone heard from Lucy?

I kind of miss having her around, she gave me a good run for my money - kind of pity and envious of her partner at the same time. Bed she does some pretty full on domination!!

Is this Lucy the nutter?

EternalOptimist
4th March 2011, 08:37
Is this Lucy the nutter?

It wasn't Lucy.

Old Greg
4th March 2011, 09:10
Is this Lucy the nutter?

No, that's Bagpuss you're thinking of. To this date, Lucy's whereabouts are still unknown.

minestrone
4th March 2011, 09:11
I think the OP is a weird spammer - 'she' threw this post right through all the forums earlier in the evening but this one got let through.

Just so you know....

"I am a girl of 27 years" - Google Search (http://www.google.co.uk/search?q=%22I+am+a+girl+of+27+years%22&ie=UTF-8&oe=UTF-8&hl=en&client=safari)

Clearly a wind up merchant.

OwlHoot
4th March 2011, 09:19
I think the OP is a weird spammer - 'she' threw this post right through all the forums earlier in the evening but this one got let through.

Just so you know....

"I am a girl of 27 years" - Google Search (http://www.google.co.uk/search?q=%22I+am+a+girl+of+27+years%22&ie=UTF-8&oe=UTF-8&hl=en&client=safari)

Hmm, I was about to say there are an awful lot of girls aged 27. But there does seem to be a bit of a pattern there (although I didn;t check the dates).

To be scientific, one would need to search for "I am a girl of N years" for N = 16..30, and see if there is a spike in the number of results for N = 27 :nerd

stek
4th March 2011, 09:21
Hmm, I was about to say there are an awful lot of girls aged 27. But there does seem to be a bit of a pattern there (although I didn;t check the dates).

To be scientific, one would need to search for "I am a girl of N years" for N = 16..30, and see if there is a spike in the number of results for N = 27 :nerd

Need to check the mean. median and mode...

Churchill
4th March 2011, 09:23
Need to check the mean. median and mode...

Oh <insert relevant Deity>, not again!

mudskipper
4th March 2011, 09:25
Hmm, I was about to say there are an awful lot of girls aged 27. But there does seem to be a bit of a pattern there (although I didn;t check the dates).

To be scientific, one would need to search for "I am a girl of N years" for N = 16..30, and see if there is a spike in the number of results for N = 27 :nerd

Actually, a lot fewer girls of 27 years than 26, 25 or 24. There's a tail off as you approach 30, and beyond 30 I guess you're no longer a girl...

Churchill
4th March 2011, 09:28
Actually, a lot fewer girls of 27 years than 26, 25 or 24. There's a tail off as you approach 30, and beyond 30 I guess you're no longer a girl...

Ahhh, when does the sex-kitten turn into the cat?

The answer is when she's older than you. :happy

cojak
4th March 2011, 09:36
Actually, a lot fewer girls of 27 years than 26, 25 or 24. There's a tail off as you approach 30, and beyond 30 I guess you're no longer a girl...

That featured in a larger part of my reasoning than OH's explanation, I'll admit. :happy

mudskipper
4th March 2011, 09:40
That featured in a larger part of my reasoning than OH's explanation, I'll admit. :happy

No results found for "I am a girl of 43 years". That's depressing.

(Although there will be one soon!) :music:

singhr
4th March 2011, 10:13
Thank christ for that, I was starting to think it was the little spanish girl whose bum I pinched yesterday as she was bending down to get a s*xual harrassment claim form out of my bottom drawer.

Mimi984
4th March 2011, 10:55
Assault is a criminal offence. If I were in your position I would call the police.
If everything happened in front of your manager, why did you email your boss? Are they different people?

Yes they are different people. Mi manager is the right hand of my Boss. Put it in a way that my manager is the intermediary between my boss and hiring freezes, because my boss is a person who believes that having a lot of money does not have to waste time talking to their employees.
2 months ago said goodbye thing to a female partner siemple by the fact of discrimination, which is also the case in court.

Mimi984
4th March 2011, 11:03
Well, mimi - not sure General is the best place for this, but I'm not sure it fits elsewhere either...
Assuming this is for real - you should speak to HR - the company should have clear policies and procedures for harassment and grievance in place, which may apply here. The nature of the assault, whether there were witnesses to it - and many other factors will need to be considered.

Whether you're contractor or perm - there are normally procedures in place that you can turn to. If you have some difficulties with English then I recommend a bilingual intermediary, whether provided by the company or through your own network.

I'm not a lawyer, but you should not tolerate anything of this kind. If you've been assaulted you are perfectly within your rights to press charges, regardless of the company's position.





The problem is that it is a small company and has no HR. To me it is a shock going back to work knowing that my assailant is still in business. This man is a violent person, not just what happened to me yesterday morning, but by many previous facts of behavior. I have fear that this man wait for my one night en route to my house!

Mimi984
4th March 2011, 11:16
The problem is that the company I work for has no HR. It is a small business. The second is that I do not know the laws in this country and I fear that up to being assaulted physically see me run out of job! I really do not understand. Yesterday my boss did not bother to call to see how are i am or know what had happened. It's totally humiliating.