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Dismissed For Gross Misconduct For Protecting Self

nicktogrphy
nicktogrphy Posts: 9 Forumite
in Employment, jobseeking & training
My partner has since been dismissed by her employer for gross misconduct for assaulting a fellow employee which was self defence. How does this stand legally? Does she have any rights to this?

Comments

  • pinkshoes
    pinkshoes Posts: 20,652 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Self defence and assault are not the same thing.

    E.g. striking someone vs blocking a strike.

    What exactly happened?
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    if attacked get the police on it.
  • ReadingTim
    ReadingTim Posts: 4,087 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Fighting, regardless of who started it, is usually gross misconduct.

    Assault is a police matter.
  • MEM62
    MEM62 Posts: 5,518 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    nicktogrphy wrote: »
    My partner has since been dismissed by her employer for gross misconduct for assaulting a fellow employee which was self defence. How does this stand legally? Does she have any rights to this?

    What was it? Did she defend herself or did she assault her colleague? It cannot be both.
  • Undervalued
    Undervalued Posts: 9,829 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    MEM62 wrote: »
    What was it? Did she defend herself or did she assault her colleague? It cannot be both.

    Well it can, it could have started off as self defence then she went further than was necessary.

    Nobody has asked how long she has been employed. If it was for less than two years this is all academic.
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    pinkshoes wrote: »
    Self defence and assault are not the same thing.

    E.g. striking someone vs blocking a strike.

    What exactly happened?



    To be clear self defence (the legal defence) includes striking someone before being struck - a pre-emptive strike, and is perfectly legal.


    In terms of gross misconduct, the company has a much wider discretion on what is acceptable and not
  • MEM62
    MEM62 Posts: 5,518 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Undervalued wrote: »
    Well it can, it could have started off as self defence then she went further than was necessary.

    In those circumstance it would be assault in my view and becomes so as soon as "she went further than was necessary".
  • Paul_DNAP
    Paul_DNAP Posts: 751 Forumite
    500 Posts Second Anniversary Photogenic Rampant Recycler
    nicktogrphy wrote: »
    My partner has since been dismissed by her employer for gross misconduct for assaulting a fellow employee which was self defence. How does this stand legally? Does she have any rights to this?


    She has the right to take it to an employment tribunal and make her case there, presumably she'll be filing on grounds of unfair dismissal.
    (Although I could be wrong, I often am.)
  • Blatchford
    Blatchford Posts: 601 Forumite
    Paul_DNAP wrote: »
    She has the right to take it to an employment tribunal and make her case there, presumably she'll be filing on grounds of unfair dismissal.
    Not unless she has two years continuous employment, she won't.
  • kanosam
    kanosam Posts: 48 Forumite
    edited 19 September 2019 at 8:01PM
    was there a witness or CCTV evidence?
    what caused the assault?
This discussion has been closed.
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