Investigation at work when I was victim of ABH

Cactusjxck6

Hi guys 

 I was a victim of ABH Assault and now my workplace have suspended me full pay while they “investigate”

I am in England - I was a victim of ABH by a drug dealer who has a previous arrest of ABH on a family member, 2 months ago and is currently on bail. I acted in self defence (I threw two punches to keep me safe)

I have reported to the police but I suspect the attacker has found my workplace and reported me with false allegations. (I have no criminal record ever and have a clear DBS) 

I have been employed here for 1 year 2 months and a completely clean record here too! Work have said they’ll investigate but until then I am suspended full pay - I have witnesses who corroborate my story with the police, and work, that the attacker was previously saying hes gonna “beef me when he sees me” and he’s gonna “punch me up” 

What shall I do? Should I resign to avoid any possible disciplinary hearings which will affect any future jobs?  

Marcon

Cactusjxck6 said:

Hi guys 

 I was a victim of ABH Assault and now my workplace have suspended me full pay while they “investigate”

I am in England - I was a victim of ABH by a drug dealer who has a previous arrest of ABH on a family member, 2 months ago and is currently on bail. I acted in self defence (I threw two punches to keep me safe)

I have reported to the police but I suspect the attacker has found my workplace and reported me with false allegations. (I have no criminal record ever and have a clear DBS) 

I have been employed here for 1 year 2 months and a completely clean record here too! Work have said they’ll investigate but until then I am suspended full pay - I have witnesses who corroborate my story with the police, and work, that the attacker was previously saying hes gonna “beef me when he sees me” and he’s gonna “punch me up” 

What shall I do? Should I resign to avoid any possible disciplinary hearings which will affect any future jobs?  

What reason for leaving would you give a future employer? If you are innocent and have witnesses who corroborate your story, why resign and (effectively) leave under a cloud, which might surface if a future employer asks for a reference. 

Cactusjxck6

Marcon said:

Cactusjxck6 said:

Hi guys 

 I was a victim of ABH Assault and now my workplace have suspended me full pay while they “investigate”

I am in England - I was a victim of ABH by a drug dealer who has a previous arrest of ABH on a family member, 2 months ago and is currently on bail. I acted in self defence (I threw two punches to keep me safe)

I have reported to the police but I suspect the attacker has found my workplace and reported me with false allegations. (I have no criminal record ever and have a clear DBS) 

I have been employed here for 1 year 2 months and a completely clean record here too! Work have said they’ll investigate but until then I am suspended full pay - I have witnesses who corroborate my story with the police, and work, that the attacker was previously saying hes gonna “beef me when he sees me” and he’s gonna “punch me up” 

What shall I do? Should I resign to avoid any possible disciplinary hearings which will affect any future jobs?  

What reason for leaving would you give a future employer? If you are innocent and have witnesses who corroborate your story, why resign and (effectively) leave under a cloud, which might surface if a future employer asks for a reference. 

Hi Marcon,

I spoke to ACAS and they stated legally I am allowed to use self defence and they cannot refrain me from doing so HOWEVER if it brings the company into disrepute, I can be disciplined for this… 

as I haven’t worked here for 2 years, I can be dismissed and it cannot be brought forward to an employment tribunal for unfair dismissal- I would rather resign than be dismissed? 

Marcon

Cactusjxck6 said:

Marcon said:

Cactusjxck6 said:

Hi guys 

 I was a victim of ABH Assault and now my workplace have suspended me full pay while they “investigate”

I am in England - I was a victim of ABH by a drug dealer who has a previous arrest of ABH on a family member, 2 months ago and is currently on bail. I acted in self defence (I threw two punches to keep me safe)

I have reported to the police but I suspect the attacker has found my workplace and reported me with false allegations. (I have no criminal record ever and have a clear DBS) 

I have been employed here for 1 year 2 months and a completely clean record here too! Work have said they’ll investigate but until then I am suspended full pay - I have witnesses who corroborate my story with the police, and work, that the attacker was previously saying hes gonna “beef me when he sees me” and he’s gonna “punch me up” 

What shall I do? Should I resign to avoid any possible disciplinary hearings which will affect any future jobs?  

What reason for leaving would you give a future employer? If you are innocent and have witnesses who corroborate your story, why resign and (effectively) leave under a cloud, which might surface if a future employer asks for a reference. 

Hi Marcon,

I spoke to ACAS and they stated legally I am allowed to use self defence and they cannot refrain me from doing so HOWEVER if it brings the company into disrepute, I can be disciplined for this… 

as I haven’t worked here for 2 years, I can be dismissed and it cannot be brought forward to an employment tribunal for unfair dismissal- I would rather resign than be dismissed? 

Then I guess it's up to you to assess how likely you are to be dismissed - and I'm sorry that isn't a helpful answer, but nobody here has any idea what the likely outcome is.

Cactusjxck6

Marcon said:

Cactusjxck6 said:

Marcon said:

Cactusjxck6 said:

Hi guys 

 I was a victim of ABH Assault and now my workplace have suspended me full pay while they “investigate”

I am in England - I was a victim of ABH by a drug dealer who has a previous arrest of ABH on a family member, 2 months ago and is currently on bail. I acted in self defence (I threw two punches to keep me safe)

I have reported to the police but I suspect the attacker has found my workplace and reported me with false allegations. (I have no criminal record ever and have a clear DBS) 

I have been employed here for 1 year 2 months and a completely clean record here too! Work have said they’ll investigate but until then I am suspended full pay - I have witnesses who corroborate my story with the police, and work, that the attacker was previously saying hes gonna “beef me when he sees me” and he’s gonna “punch me up” 

What shall I do? Should I resign to avoid any possible disciplinary hearings which will affect any future jobs?  

What reason for leaving would you give a future employer? If you are innocent and have witnesses who corroborate your story, why resign and (effectively) leave under a cloud, which might surface if a future employer asks for a reference. 

Hi Marcon,

I spoke to ACAS and they stated legally I am allowed to use self defence and they cannot refrain me from doing so HOWEVER if it brings the company into disrepute, I can be disciplined for this… 

as I haven’t worked here for 2 years, I can be dismissed and it cannot be brought forward to an employment tribunal for unfair dismissal- I would rather resign than be dismissed? 

Then I guess it's up to you to assess how likely you are to be dismissed - and I'm sorry that isn't a helpful answer, but nobody here has any idea what the likely outcome is.

To be honest, I’m not sure myself - I will let the investigation proceed and provide my 4 witnesses details (who were told by the attacker he was going to stab me when he see’s me and punch me) 

and if this leads to a disciplinary for my self defence, could I maybe request a resignation and a neutral reference for future, to make it easy for the company and myself? 

elsien

I don’t know why you’ve put the word in investigation in inverted commas because investigating is what your company is doing. If allegations have been made and you work with vulnerable people (DBS), they don’t really have much choice. 

They only comment I would make is that in a worst case scenario if the company do decide to end your employment, they can do that easily. You don’t really have any cards to play in negotiating a neutral reference. That would be down to their goodwill. 

Grumpy_chap

What type of environment does the OP work in?
How is the OP being attacked related to the workplace?

elsien

Because if the OP works with vulnerable people or children, going round whacking people and having gripes with drug dealers may make them an unfit person to be in that line of work. 

I’m absolutely not saying that is the case here. But just to give an extreme example if it turns out not to be self defence and the OP was mixed up with drug dealing, you’re not going to want them working in a children’s home, for example and they could potentially end up on the DBS barred list. 

Reiterating that I’m not saying it’s the case, but in response to the question as to why incidents out of work may be of relevance to an employer. 

LightFlare

Typically the first stage of self defence is to walk/run away from a threatening or violent situation.

It obviously isnt just that easy as it will be affected by other variables.

It may depend on the OPs job sector as suggested above about professional standards etc.

OP as already suggested - do not quit although with less than 2 years it might be easy for the company to get rid of you regardless

Do you have a Police report for the actual offence ? That may have a stronger impact than your version and witness statements 

Was the altercation at work ? With a colleague or customer ?
There a lot of unknowns - like how did your employer know about the incident in the first place ?

Cactusjxck6

LightFlare said:

Typically the first stage of self defence is to walk/run away from a threatening or violent situation.

It obviously isnt just that easy as it will be affected by other variables.

It may depend on the OPs job sector as suggested above about professional standards etc.

OP as already suggested - do not quit although with less than 2 years it might be easy for the company to get rid of you regardless

Do you have a Police report for the actual offence ? That may have a stronger impact than your version and witness statements 

Was the altercation at work ? With a colleague or customer ?
There a lot of unknowns - like how did your employer know about the incident in the first place ?

My first instinct wasn’t to run because it was inside a house…

I reported it to the police and have 4 witnesses (mutual friends) who witnessed him saying he was going to hurt me prior to this happening 

it was outside of work and I suspect he reported me to my workplace just to effect my job as I do work with vulnerable people - the attacker is currently on bail for ABH on a separate offence 2 months ago

Cactusjxck6

elsien said:

Because if the OP works with vulnerable people or children, going round whacking people and having gripes with drug dealers may make them an unfit person to be in that line of work. 

I’m absolutely not saying that is the case here. But just to give an extreme example if it turns out not to be self defence and the OP was mixed up with drug dealing, you’re not going to want them working in a children’s home, for example and they could potentially end up on the DBS barred list. 

Reiterating that I’m not saying it’s the case, but in response to the question as to why incidents out of work may be of relevance to an employer. 

No, you’re absolutely right and you’re not saying that at all but he was actually a close friend and I did not know about the drug dealing until recently as I have just reconnected with him by moving to the area


I went to grab my clothes that was left in my old room, he was staying at due to being on bail for ABH against a family member and I felt sorry for him and stated you can move into my old room

when I turned up, he was high I think and seemed paranoid - luckily I am taller than him and can defend myself  but just really anxious as to what is gonna happen