Assaulted at work. No right to self-defence

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  • kingfisherblue
    kingfisherblue Posts: 9,203 Forumite
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    Bargainhunter69 wrote: »
    Thanks for that, are you qualified in criminal law or employment law?


    No, but I do have experience both in HR and in schools. I am also able to read contracts (there's almost certainly something about not bringing your employer into disrepute) and policies.
  • steampowered
    steampowered Posts: 6,176 Forumite
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    You've given us one version of events.

    It may well be that the school has a different understanding of what happened.

    Clearly, the school will expect staff to avoid physical altercations if at all possible.
  • marlot
    marlot Posts: 4,934 Forumite
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    Your union should be able to get you some legal advice.
  • parking_question_chap
    parking_question_chap Posts: 2,694 Forumite
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    Just apologise (doesnt matter if you think you were in the right) for any damage this has done to the schools reputation and again state that it was self defence as he kept walking towards you in an aggresive way, the main thing is you keep your job. Sometimes at work you need to say things you dont necessarily think are true.

    Then withdraw your offer to volunteer again in the future as you feel you have not been given the tools/support to deal with aggression from the parents.

    Just dont go into any meeting with the attitude that you are right and they are wrong. That never ends well.
  • Energize
    Energize Posts: 509 Forumite
    Criminal law takes precedence over civil law, if someone acts in genuine self defence it cannot be held to have breached a contract. The same principle holds generally for any actions taken to prevent crime or injury, this is to prevent citizens being discouraged from doing the legally right thing.

    However I suspect the op is not quite telling it as it is.
  • Bargainhunter69
    Bargainhunter69 Posts: 8 Forumite
    Energize is 100% correct bar not telling it as it is. The police agree and so do the witnesses who were other parents.
    Union agree as well.
    A teacher is not a punch bag for an adult - maybe they accept it from children? How do you know I didn't step back? I didn't mention it because there is no requirement to do so with self-defence.
  • BrassicWoman
    BrassicWoman Posts: 3,202 Forumite
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    While you are convinced you are 100% in the right, there's no point trying to help you.
    2021 GC £1365.71/ £2400
  • Bargainhunter69
    Bargainhunter69 Posts: 8 Forumite
    I am in the right, that wasn't the point.
  • shortcrust
    shortcrust Posts: 2,697 Forumite
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    Why do you think you need to break the law to be disciplined at work? I don't get why you're trying to make that cast iron connection. Legal behaviour isn't automatically reasonable behaviour or professional behaviour.

    I worked in a jobcentre for a month and in that time I had incidents like the one described - and much worse - on a daily basis. Somehow I managed not to push anyone.

    Take BrassicWoman's advice and pay for some legal advice. Clearly the only replies you'll take seriously on here are replies you agree with.
  • Dox
    Dox Posts: 3,116 Forumite
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    edited 11 May 2018 at 1:16AM
    Bargainhunter69 wrote: »
    Hi,
    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.
    It is a clear open and shut case but sadly that's not the schools opinion.

    I can understand exactly why you are incensed - in your shoes I would be, not least at the lack of support from my employer (or at least a willingness to discuss) - but it does sound as if you and the ghastly parent had quite a barney. School footie matches don't normally have a police presence, so the fact that the police became involved with witness comments etc suggests the incident was a bit more than a gentle little push.

    Having knowledge of the law regarding self-defence isn't going to help you - the school has already said they don't want to know, so going down that path is a waste of time.

    You think it is a clear open and shut case and that 'you are right'. The flaw in your argument is that the school's opinion is quite the opposite. The school employs you, so the school's opinion matters, not just yours. It is an employment issue, but what you've not said in your post is what action, if any, the school is taking?
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