Manhandled at work - please help...

doom

Hi all,
Last night at work I was first threatened and then a few minutes later physically manhandled by a colleague. I put in a written complaint about this to the manager within 20minutes of this happenning.
My question to anyone that can help is basically, what rights do I have at work in relation to this?
Do I have the right to say to my employers that I do not want to work with this individual any more?
I will find out TONIGHT when I go to work what my employers are doing about this, but what should I do if they are expecting me to continue working alongside this person???
Everyone is welcome to express an opinion, but I would also love to hear from anyone who has any legal info about what I can demand from employers, etc....
Hope to hear from y'all real soon......
doom...

Belair

Where I work, that is an offence that warrants instant dismissal.
If you are a union member, contact them asap.

HTH

RDA

You need to ensure that your manager escalates this to your Human Resources department who should investigate your complaint in line with your company's policy concerning harassment.

You certainly have a grievance case against the 'colleague' concerned and the process for initiating this should also be defined in company policy.

In the event that you do not receive a satisfactory hearing, there are several other avenues which you can explore which we can help you with.

ohreally

I'm sorry to hear of this.Firstly, if you were threatened/assaulted,consider making a complaint to the police.
I concur with RDA, invoke the grievance machinery both in terms of your colleague and managements failure to provide a safe place and system of work.Employers have a duty of care towards their employees and are required to provide a safe place of work - Health and Safety at Work Act 1974,it's not advice it's law.
Ideally the person alleged to have behaved inappropriately should be suspended pending an investigation - do you have witnesses, corroborating evidence, CCTV etc?
I would call your HR dept and establish this incident has been brought to their attention, have it recorded in your companies' incident book.

If your off work (or unable to do your full range of normal duties) for three days or more, your employer has a duty to report this to the HSE (depending on your industry) under RIDDOR...http://www.hse.gov.uk/riddor/guidance.htm#threeday

http://www.hse.gov.uk/violence/law.htm
http://www.hse.gov.uk/violence/index.htm

asea

also call ACAS - they can advise you on your legal rights

did they suspend him at all?

ceridwen

... and don't forget .. I would imagine threats of physical violence in the workplace would almost certainly count as grounds for constructive dismissal. Do your employers seriously want to face the risk of one of their staff (ie you) taking them to court for constructive dismissal if they dont deal with this threat to your safety?

(NB constructive dismissal is where the employee resigns not because they chose to - but because the employer left them no other option)

doom

Hi again all,
Thanx for the comments, all of which very appreciated.
Should perhaps have mentioned this in the original post but forgot, I am not in any Union, and more frustratingly, there were no witnesses to this incident. My workplace are dealing with this properly by conducting an official investigation by HR dept, but we all know that if there were no witnesses then nothing can really be done. He hasn't been suspended and my work have expected me to carry on working alongside this individual.
If I go to the police, again, nothing will really be done about it coz no witnesses !!!!!
Many thanks anyway people, take care....

Alexandria

They really should suspend him on full pay, the thing is suspension is not a sanction it is simply a means of reducing the risk level of a situation whilst allowing a full investigation to take place.
Regardless of the lack of witnesses they should still suspend him to prevent you being intimidated during the investigation.

caeler

doom wrote: »

My workplace are dealing with this properly by conducting an official investigation by HR dept, but we all know that if there were no witnesses then nothing can really be done. He hasn't been suspended and my work have expected me to carry on working alongside this individual.

Just because there were no witnesses doesn't mean nothing can be done. Disciplinary Action is based upon 'reasonable belief'. Is it reasonable to believe that you were asaulted last night? Yes I think so, you wouldn't have reported.

I hope for your sake they treat this seriously and undertake a proper investigation.

I'm surprised they have not been suspended - how more serious a complaint do they want - physical violence/harrassment is very serious.

Maybe its worth speaking to the HR team for an update, letting them know you feel really uncomfortable working with him as your concerned it might happen again - especially as you've raised a complaint. Maybe also ask if they need more information from you.

ohreally

What was the outcome of this?

PasturesNew

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