Assaulted at work. No right to self-defence

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  • shortcrust
    shortcrust Posts: 2,697 Forumite
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    If there was ever a thread that wasn’t going anyway...

    I’d love to hear the other side of the story.
  • BrassicWoman
    BrassicWoman Posts: 3,202 Forumite
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    Bargainhunter69 wrote: »
    I posted a reply much earlier but it isn't there. First the case was a real one.
    It wasn't actually me.

    Past tense - so it's been over and done with now. Good. Bye!
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  • theoretica
    theoretica Posts: 12,302 Forumite
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    What hasn't been questioned is describing 'a gentle push' as self defence. Seems to me more like a foolish move which is unlikely to do anything to prevent the 'defender' from getting hurt by any genuine threat.
    But a banker, engaged at enormous expense,
    Had the whole of their cash in his care.
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  • Norman_Castle
    Norman_Castle Posts: 11,871 Forumite
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    shortcrust wrote: »

    I’d love to hear the other side of the story.

    Football coach didn't like being shouted at and chose to shove parent away from them. School considers physical response to non physical abuse an inappropriate response?
    School believes in teaching by example and that is not the example they want copying?

    Its an unfair situation where only one side is expected to act professionally. That's possibly what the parent was relying on.
  • Bargainhunter69
    Bargainhunter69 Posts: 8 Forumite
    At college this never came up, the thought that people have no idea what self-defence is. I will leave it now as it seems the police were wrong and the CPS also wrong. Self-defence is a right we all have in work or out of work. Just like that document mentioned before. The person who uses self defence is not required to retreat and has the right to a pre-emptive strike. Otherwise they would end up with i.e. a broken nose which would make for a terrible scene in-front of children and an even bigger personal injury claim against the school. There is obviously a big difference between children and adults and that wasn't the point raised - further powers of reasonable force are given to those in education but that's a different issue.
    Seriously thanks for the many opinions.
  • RichardD1970
    RichardD1970 Posts: 3,795 Forumite
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    Bargainhunter69 wrote: »
    At college this never came up, the thought that people have no idea what self-defence is. I will leave it now as it seems the police were wrong and the CPS also wrong. Self-defence is a right we all have in work or out of work. Just like that document mentioned before. The person who uses self defence is not required to retreat and has the right to a pre-emptive strike. Otherwise they would end up with i.e. a broken nose which would make for a terrible scene in-front of children and an even bigger personal injury claim against the school. There is obviously a big difference between children and adults and that wasn't the point raised - further powers of reasonable force are given to those in education but that's a different issue.
    Seriously thanks for the many opinions.

    Again, you are missing the point.

    It's not a question of legality.

    Yes the couch may have been perfectly within their legal rights to use reasonable force to defend himself but if in doing so is deemed to have bought the school into disrespect he can still be disciplined for it.

    There are plenty of things that are perfectly legal for me to do but if I do them at work I can be disciplined. I can even be disciplined for doing thing outside of work, if I can be associated with work ie whilst wearing my work uniform, if those things could be deemed detrimental to the image of the business.
  • Energize
    Energize Posts: 509 Forumite
    TonyMMM wrote: »
    Pushing someone in the chest is an assault, which could be prosecuted as common assault but not likely to be in most cases.

    There is a statutory defence to any charge of assault of acting in self defence, so long at it is reasonable and proportionate ( which is for a court to decide).

    That defence has no direct effect on any civil or disciplinary action taken by an employer.

    The notion of self defence is more than simply a defence to a criminal charge, the right to defend oneself and undertake reasonable actions to prevent crime in a more general sense are contractually relevant insofar as a judge may not agree with an employer that an employee breached contract because they used physical force and could find against them in an employment tribunal.
  • Norman_Castle
    Norman_Castle Posts: 11,871 Forumite
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    edited 12 May 2018 at 8:08AM
    Bargainhunter69 wrote: »
    At college this never came up, the thought that people have no idea what self-defence is No idea or didn't agree with you?. I will leave it now as it seems the police were wrong and the CPS also wrong. Your narrow perspective is wrong. Self-defence is a right we all have in work or out of work.
    The police and cps will view it only from a legal perspective. Everyone has a right to defend themselves and every employer has the right to an opinion as to whether behaviour is acceptable and welcomed in an employee.
    The police and cps do not choose who an employer employs.
  • Ozzuk
    Ozzuk Posts: 1,884 Forumite
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    What a waste of people's time. If you want to start a debate, make it clear it's a debate so people can respond with that in mind. We give advice/opinion with a view to helping people, not to meet some college debate.
  • Norman_Castle
    Norman_Castle Posts: 11,871 Forumite
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    ^ I think the op wanted conformation of his opinion rather than a debate.

    You can't argue with a closed mind, especially with someone who might attack you and claim self defence.
This discussion has been closed.
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