physical aggression in work physical aggression in work
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  1. #1

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    Default physical aggression in work

    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

  2. #2

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    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?
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    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.

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    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
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    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?

  6. #6

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    Quote Originally Posted by Mimi984 View Post
    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.
    Last edited by SueEllen; 4th March 2011 at 07:28.

  7. #7

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    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=%22...&client=safari

  8. #8

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    Quote Originally Posted by cojak View Post
    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!

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    Quote Originally Posted by Churchill View Post
    Heeerrrrreeee's Lucy!
    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!!

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    Quote Originally Posted by Wilmslow View Post
    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.

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