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  • FIRST POST
    • nicktogrphy
    • By nicktogrphy 18th Sep 19, 12:37 AM
    • 1Posts
    • 1Thanks
    nicktogrphy
    Dismissed For Gross Misconduct For Protecting Self
    • #1
    • 18th Sep 19, 12:37 AM
    Dismissed For Gross Misconduct For Protecting Self 18th Sep 19 at 12:37 AM
    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?
Page 1
    • pinkshoes
    • By pinkshoes 18th Sep 19, 6:09 AM
    • 16,697 Posts
    • 23,152 Thanks
    pinkshoes
    • #2
    • 18th Sep 19, 6:09 AM
    • #2
    • 18th Sep 19, 6:09 AM
    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
    • By getmore4less 18th Sep 19, 6:19 AM
    • 37,461 Posts
    • 23,129 Thanks
    getmore4less
    • #3
    • 18th Sep 19, 6:19 AM
    • #3
    • 18th Sep 19, 6:19 AM
    if attacked get the police on it.
    • ReadingTim
    • By ReadingTim 18th Sep 19, 9:45 AM
    • 3,451 Posts
    • 5,175 Thanks
    ReadingTim
    • #4
    • 18th Sep 19, 9:45 AM
    • #4
    • 18th Sep 19, 9:45 AM
    Fighting, regardless of who started it, is usually gross misconduct.

    Assault is a police matter.
    • MEM62
    • By MEM62 18th Sep 19, 10:01 AM
    • 2,898 Posts
    • 2,573 Thanks
    MEM62
    • #5
    • 18th Sep 19, 10:01 AM
    • #5
    • 18th Sep 19, 10:01 AM
    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?
    Originally posted by nicktogrphy
    What was it? Did she defend herself or did she assault her colleague? It cannot be both.
    • Undervalued
    • By Undervalued 18th Sep 19, 10:15 AM
    • 4,302 Posts
    • 3,761 Thanks
    Undervalued
    • #6
    • 18th Sep 19, 10:15 AM
    • #6
    • 18th Sep 19, 10:15 AM
    What was it? Did she defend herself or did she assault her colleague? It cannot be both.
    Originally posted by MEM62
    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
    • By Comms69 18th Sep 19, 10:18 AM
    • 9,961 Posts
    • 11,974 Thanks
    Comms69
    • #7
    • 18th Sep 19, 10:18 AM
    • #7
    • 18th Sep 19, 10:18 AM
    Self defence and assault are not the same thing.

    E.g. striking someone vs blocking a strike.

    What exactly happened?
    Originally posted by pinkshoes


    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
    • By MEM62 18th Sep 19, 10:55 AM
    • 2,898 Posts
    • 2,573 Thanks
    MEM62
    • #8
    • 18th Sep 19, 10:55 AM
    • #8
    • 18th Sep 19, 10:55 AM
    Well it can, it could have started off as self defence then she went further than was necessary.
    Originally posted by Undervalued
    In those circumstance it would be assault in my view and becomes so as soon as "she went further than was necessary".
    • Paul_DNAP
    • By Paul_DNAP 18th Sep 19, 11:16 AM
    • 681 Posts
    • 834 Thanks
    Paul_DNAP
    • #9
    • 18th Sep 19, 11:16 AM
    • #9
    • 18th Sep 19, 11:16 AM
    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?
    Originally posted by nicktogrphy

    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
    • By Blatchford 18th Sep 19, 11:23 AM
    • 215 Posts
    • 300 Thanks
    Blatchford
    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.
    Originally posted by Paul_DNAP
    Not unless she has two years continuous employment, she won't.
    • kanosam
    • By kanosam 19th Sep 19, 7:58 PM
    • 19 Posts
    • 3 Thanks
    kanosam
    was there a witness or CCTV evidence?
    what caused the assault?
    Last edited by kanosam; 19-09-2019 at 8:01 PM. Reason: missed a line
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