Incident at work

patman99

OP, as your OH is being treated for a mental health illness, he could always play the 'DDA' card.

Spamfree_2

patman99 wrote: »

OP, as your OH is being treated for a mental health illness, he could always play the 'DDA' card.

What is the DDA card?

mynameistallulah

marybelle01 wrote: »

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!

Now that the employer is aware of the disability (if it does fall within the definition) they need to manage the situation accordingly - that was part of the ratio of the case. Hence, his actions now need to be judged in the light of his anger issues - still unacceptable, but

With regard to reasonable adjustments, I see no reason why they cannot be made - working in the kitchen, working day shifts where drunken customers are far less likely, working when there is always another person there, and allowing him additional breaks where he feels he may be becoming angry. All quite reasonable, and not difficult to think of at all!

mynameistallulah

Spamfree wrote: »

What is the DDA card?

I assume patman99 is referring to the Disability Discrimination Act. He appears to have missed the fact that the DDA has now been superceded by the Equality Act.

Spamfree_2

mynameistallulah wrote: »

I assume patman99 is referring to the Disability Discrimination Act. He appears to have missed the fact that the DDA has now been superceded by the Equality Act.

So there is a law somewhere that says an employer can't get rid of someone who blatently has the potential to smack a customer in the face when he kicks off because of a supposed disability? :eek:

Did the guy who smacked the wall pay for the damage and did the employer pay him sick pay for the 12 weeks he had off with the sore hand he gave himself?

mynameistallulah

Spamfree wrote: »

So there is a law somewhere that says an employer can't get rid of someone who blatently has the potential to smack a customer in the face when he kicks off because of a supposed disability? :eek:

Did the guy who smacked the wall pay for the damage and did the employer pay him sick pay for the 12 weeks he had off with the sore hand he gave himself?

Not that specific, but yes, if the outburst directly relates to a health condition that must be taken into account when deciding what should happen as a result of the incident. It is not to say that a dismissal would be automatically unlawful, but the employer needs to look at what RAs may (or may not) be made to allow the worker to remain in employment.

McKneff

We are having all this discussion, and it's really pointless because the OP's other half will be telling just his side of the story, which is then relayed to us.

I bet the 'drunken' boss has an entirely different story to tell.

Hit a wall???? what would have happened if he saw red, couldnt stop the punch and someone just happened to be walking past, what about these one punch murder/manslaughters cases. !!!!!! OP, your OH must get more help with his anger management because the help he is getting up to now clearly isnt working.

If I was a witness either as staff or a customer I wouldnt be working with him or visiting the bar as a customer to be honest.

DollDaggaBuzzBuzz

With regards to being a potential threat to customers, my husband is seeing a psychiatric team and a mental health nurse regularly, and is on a fair dose of anti psychotics, and his boss has had a letter from the psychiatric team, who say that my husband is fit and safe to work in that environment.
His treatment was ramped up severely after the incident (more frequent meetings, alternate doses of drugs)

DollDaggaBuzzBuzz

Spamfree wrote: »

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

No, he didn't....

marybelle01

DollDaggaBuzzBuzz wrote: »

His treatment was ramped up severely after the incident (more frequent meetings, alternate doses of drugs)

In other words, there is no evidence that his condition is stable because despite the drugs he was on, they didn't prevent him from doing this in the first place. Will the psychiatric team and nurse be present on site to stand between him and the person he next decides to take a swing at?

I am sorry OP. It isn't that I don't sympathise, but I entirely see the point made by others here - it is all well and good suggesting that adjustments could be made, but there is a vast difference between the DWP which employs thousands and a pub. Who would want to be "the other person there" when he gets into a rage? Why should kitchen staff be turfed out of their jobs because he can't be trusted to remain calm behind the bar?

In the circumstances I think the employer is being entirely reasonable in investigating this. That doesn't mean that they will dismiss, and it does mean that they ought to take everything into account when they do. But I don't think that the situation here is anything like the one quoted in case law here, and I wouldn't be clinging on to hope of a tribunal win if the employer decides that the risk is too great.