Incident at work

marybelle01

mynameistallulah wrote: »

OP, have a look at Department of Work and Pensions v Hall, it is certainly not a get out card, but the facts are quite similar.

I fail to see the similarity. In the case quoted the employer had a number of opportunities to deduce from factual evidence that the employee was disabled; in this case the employer had no opportunity know about it until he recieved a fist through his wall instead of his head. In the case quoted reasonable adjustments could be made; in this case, as has been pointed out by a number of posters, one can hardly put up a sign asking the drunken patrons to give the staff some space in case one of them feels like punching their lights out. These are very different circumstances in very different settings. The risk of violence in a place serving alcohol is much higher, without having to worry that the sober staff might join in, or start it!

princessdon

if it had been a customer he'd be looking at criminal charges.

They can't investigate whilst sick - so are doing so now.

Has he apologised? I suspect nothing can keep him in employment -but the boss did not act appropriately either and should also be sanctioned.

marybelle01

princessdon wrote: »

if it had been a customer he'd be looking at criminal charges.

They can't investigate whilst sick - so are doing so now.

Has he apologised? I suspect nothing can keep him in employment -but the boss did not act appropriately either and should also be sanctioned.

You're assuming anyone can sanction the boss. It's a pub. The boss may well, in fact, be the boss.

DollDaggaBuzzBuzz

Hi all.
Firstly, he's been there for four years.
I'd also like to clarify that my husband hit a wall, not the manager. He was in control of his actions enough to not hit a person. I'm not, however, trying to excuse his behaviour. He was out of order, and he knows it, but we're now looking at how to go forward from here.
The pub is a chain pub, so the manager isn't *the* boss.
My husband's been left a little confused. He was told yesterday afternoon that he was going in for a "back to work" meeting. His boss blindsighted him with the suspension (OH had asked "will I be doing a shift after the interview" to be told, "that depends on the outcome of the meeting")
He's been given no information about the disciplinary process etc, and all he can find is a bit in his contract stating that employees will be given an opportunity, before suspension, to make a statement and address any accusations.

davehills

If the 'grievance procedure' in the contract hasn't been followed then they are technically in breach of contract.

Also, does the contract say anything about being under the influence of alcohol on company property/on duty?

Was the manager on duty at the time of the incident? If so, was he 'drunk' whilst on duty and thus it could be argued he wasn't in a fit state of mind when the incident took place or possibly provocative.

It's possible the incident might not have developed in the same way had the manager been sober.

Personally, I'd escalate things to head office.

davehills

princessdon wrote: »

if it had been a customer he'd be looking at criminal charges.

Why? He damaged his hand, not the wall.

princessdon

marybelle01 wrote: »

You're assuming anyone can sanction the boss. It's a pub. The boss may well, in fact, be the boss.

True I am making assumptions on wording of boss as opposed to landlord or owner.

princessdon

davehills wrote: »

Why? He damaged his hand, not the wall.

Erm threatening behaviour - Having someone so agressive they punch the wall during a disagreement is far from normal behaviour.

phill99

If I was a director of the company your OH worked for, I would have no alternative but to dismiss him. Your OH works in a customer interfacing role and therefore his employers have a duty of care to every person that comes into their pubs a well as having a duty of care to all other employees. To put it bluntly and I'm sorry to say this, but you OH cannot be trusted to control his temper. He is a loose cannon.

If your OH was to assault someone, your employer, by way of vicarious liability, would be open to being dragged through the courts by an injured party.

Sorry, but your OH shouldn't be working in this kind of environment.

Spamfree_2

Did the boss pay your OH sick pay for the 12 weeks he had off after punching a wall?