What action should a boss take?

buel

Hi,
There is an employee where i work that has reported the employee who works next to him in a seperate 'bay' for violent behaviour, namely, throwing and kicking his chair against the curtain/divider that divides them both and even throwing a hammer at it.
This has happened several times over the last week and about 6 times in the last 4 months. The offending employee even shoved my friend once as my friend worked but the boss wouldn't take any action without the 'complaint' being in writing.
Oddly, the offending employee has no problem with ,my friend but suffers from mental illness.
My boss claims there is nothing he can do until there is something in writing. His reason for this is that if they were to sack the employee and it should go to a tribunial then if my friend refuses to come forward then they would lose the case.
When the employee was asked why he threw and kicked his chair against the dividing curtain, he replied that the chair was annoying him.

Please can anyone offer some advice?

ceh209

Is there a reason your friend doesn't want to complain in writing?

To me, in writing could mean they have a discussion, someone writes minutes, your friend signs to agree that's what was said. Doesn't have to be a formal letter of complaint.

Andy_L

The boss should do his chuffing job.
Specifically tell the other employee his behaviour is unacceptible. Document it, repeat it a few times & then, if no improvement fire them.

Slightly more difficult if he has a mental illness that is covered under the various disability acts but still its the managers job to..er...manage the situation.

getmore4less

He needs to formaly complain that his personal safety is at risk.

Any sign of trouble he should vacate the work place.

Point out that if they don't do something and this results in a further assault the will call the police.

ILW

Until it is put in writing, it is just gossip. and whinging.
What is the problem?

johnmc

The "problem" is that, like most people, the friend doesn't want to be seen as a trouble maker I imagine.

It is the employees right to be able to work in safety. This situation is not safe.

If it were me I would notify my line manager that this guy is making it difficult to work and is intimidating me. I would point out that if it happens again I will immediately remove myself to "a place of safety". Nobody can ask you to do that; it has to be your own decision. Nobody can tell you how far away that place is; it could be the canteen or the car park.

I would then raise a written grievance against the manager for failing in his obligation to protect me.

No written complaint necessary until the grievance is heard.

ILW

Punishment or sanctions based on anonymous accusations is a dangerous path to follow.

Mista_C

I can only speak for myself here but this is what I would do/have done.

Person A has come to me (the manager) to have an off the record chat about certain inappropriate behaviour of Person B. Person A doesn't want to provide a written complaint as he feels a quiet word from a manager may be all that's needed.

I would then go and have a quiet word with Person B, not mentioning Person A, suggesting a concern was brought to my attention, and that I will now have to keep a close eye on the bays to see what's going on.
This gives Person B the chance to voice his side of the story as well as an opportunity to consider his behaviour in the workplace. It also means if Person A has any further problem on the matter then he's had a chance to let me have a quiet word and should seriously consider making any further complaint in writing.

A manager has a level of responsibility to all his/her staff, including offering a degree of support to the more 'difficult' ones.

Acc72

ILW wrote: »

Until it is put in writing, it is just gossip. and whinging.
What is the problem?

This attitude is a kop out - the manager should be aware of this issue, even without being told (either officially or not).

The employee affected is undoubtedly concerned about their safety - both in work, and also if they are identified as having reported this employee.

As others have said - the manager needs to manage this situation (the hint is in their job title).

ILW

It appears that the manager has already had a quiet word, but OPs friend wants it taken further.

Uncertain

ILW wrote: »

Punishment or sanctions based on anonymous accusations is a dangerous path to follow.

I would generally agree but remember in employment law an employer only need a reasonable belief. What constitute reasonable has of course lined lawyers pockets for centuries. Could an anonymous accusation lead to a reasonable belief? In some circumstances quite probably.