Assaulted at work. No right to self-defence

Bargainhunter69 · 10 May 2018 at 1:55PM

Hi,
I work in a primary school but on the day in question I was not working but volunteering my football skills at an external venue with the school children. A parent of one of my players confronted me after we had lost (what a sin!) and threatened me verbally and non verbally. I had already put distance between us. He continued to rant and then threatened me again before he came towards my face. I instinctively pushed him away - it was actually as soft as it could have been on his chest.
No issue as I have acted in self-defence and the police agree and dealt with the parent.
Wrong - school say I am not allowed to push the parent and my union were rubbish. How did it become a work disciplinary case? I, like the police (and union) say it was a criminal matter and not an employment issue. School have actually put in writing that it is not their job to understand criminal law or what is acceptable retaliation regarding "self-defence"
Anyone with knowledge of the law (self-defence) feel free to advise. The local Diocese wont get into conversation and nor will the local authority which I think is shocking.
It is a clear open and shut case but sadly that's not the schools opinion. School also didn't ban the parent saying they followed legal advice. Anyone who is a governor of a school knows that you can ban a parent as long as you give them 14 days to respond.

spadoosh · 10 May 2018 at 2:08PM

Youre dealing with civil law and criminal law.

Criminal law is the self defense aspect. You wont go to jail. Civil law is employment disciplinary aspect, they dont want you pushing parents, you can lose your job.

You havent broken criminal law in that you acted in self defence.

You could have broken civil law by contravening a term in your employment contract. I suspect theyll have policies on violence and are using those.

I used to work with a suspected sex pest. He was taken to criminal court. My employer found out about it when he was on the front page of the local paper when it was delivered to our shop. 30 minutes later the guy was leaving the building for bringing the company in to disrepute. He never came back. Didnt break the law (or at least didnt get done for breaking the law), lost his job.

Kayalana99 · 10 May 2018 at 2:08PM

You might be right that the police would class that as self-defense, but as an employer of school children you acted physically against a verbal attack. As a teacher (or assistant) I'd expect you to be able to handle this sort of attack without resulting to violence.

I personally think both parties are right in this case. You should never have laid a hand on the parent, should have kept your cool/sought help because of the type of job, you are expected to be able to deal with unruling behavouir without resulting to violence.

End day, you resprent the school and their repuatation.

kingfisherblue · 10 May 2018 at 3:16PM

Bargainhunter69 wrote: »

Hi,
I work in a primary school but on the day in question I was not working but volunteering my football skills at an external venue with the school children. A parent of one of my players confronted me after we had lost (what a sin!) and threatened me verbally and non verbally. I had already put distance between us. He continued to rant and then threatened me again before he came towards my face. I instinctively pushed him away - it was actually as soft as it could have been on his chest.
No issue as I have acted in self-defence and the police agree and dealt with the parent.
Wrong - school say I am not allowed to push the parent and my union were rubbish. How did it become a work disciplinary case? I, like the police (and union) say it was a criminal matter and not an employment issue. School have actually put in writing that it is not their job to understand criminal law or what is acceptable retaliation regarding "self-defence"
Anyone with knowledge of the law (self-defence) feel free to advise. The local Diocese wont get into conversation and nor will the local authority which I think is shocking.
It is a clear open and shut case but sadly that's not the schools opinion. School also didn't ban the parent saying they followed legal advice. Anyone who is a governor of a school knows that you can ban a parent as long as you give them 14 days to respond.

So is your employer actually disciplining you? If so, you can ask why. I suspect that it's because you can be seen to have acted in a manner that is unacceptable, regardless of whether you were acting as an employee or a volunteer. Incidentally, was it a school event that you volunteered at? Presumably if it was, then parents and children may have been able to see the disagreement.

On the playground, you would presumably tell children to keep their hands to themselves, walk away, and not hit/push others. You didn't act in the same way, and you didn't uphold the type of behaviour that schools expect.

Bargainhunter69 · 10 May 2018 at 6:12PM

Thanks for that, are you qualified in criminal law or employment law?

martinthebandit · 10 May 2018 at 6:15PM

Bargainhunter69 wrote: »

Thanks for that, are you qualified in criminal law or employment law?

I think their main qualification appears to be giving good, sound practical advice which (apparently) you don't want.

Fireflyaway · 10 May 2018 at 6:25PM

I'm not a legal professional but from an employers point of view you do represent the school regardless of whether you were being paid or not. A teacher is obviously in a position of trust and should also be setting a good example. Would have been better to step backwards or walk away.
Maybe try and salvage things by writing an apology to the head? The good thing is even if you are fired, you don't leave with a criminal record.

Gavin83 · 10 May 2018 at 6:32PM

spadoosh wrote: »

I used to work with a suspected sex pest. He was taken to criminal court. My employer found out about it when he was on the front page of the local paper when it was delivered to our shop. 30 minutes later the guy was leaving the building for bringing the company in to disrepute. He never came back. Didnt break the law (or at least didnt get done for breaking the law), lost his job.

While I don't disagree with you it's wrong that the law works in this way. Technically speaking he was punished for doing nothing.

I guess the real issue here is that the press are allowed to post such news, essentially ruining someone's life when they could be innocent.

BrassicWoman · 10 May 2018 at 6:48PM

Bargainhunter69 wrote: »

Thanks for that, are you qualified in criminal law or employment law?

Pay a lawyer if your needs are for a lawyer.

Ja7188 · 10 May 2018 at 7:06PM

I do have sympathy for the OP here as I suspect he (making the assumption that they're male!) did what many people would instinctively do if they found themselves in that position - but it certainly does sound like legal advice is needed for there to be any chance of a positive outcome.

Ozzuk · 10 May 2018 at 7:24PM

You must have guidelines for dealing with violent/potentially violent or escalating situations? Its pretty clear, you haven't broken the law, you've breached your policy. You were with the kids, therefore you are representing the school.

I'd adjust your attitude, be humble, apologise profusely and stress you were worried for your own safety. Carry on trying to fight it by saying you are right they are wrong is a sure way for this to get worse.

Assaulted at work. No right to self-defence

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