Dismissed For Gross Misconduct For Protecting Self
nicktogrphy
Posts: 9 Forumite
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?
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Comments
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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!)0 -
if attacked get the police on it.0
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Fighting, regardless of who started it, is usually gross misconduct.
Assault is a police matter.0 -
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.0 -
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.0 -
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 not0 -
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".0 -
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.)0 -
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was there a witness or CCTV evidence?
what caused the assault?0
This discussion has been closed.
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