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Assaulted at work...

nicklone86

Active Member
So here's the deal, some guy (my colleauge) thought it would be a good idea to whack me across the face with some metal tongs tonight. Naturally he got sent home, and the incident occured after a minor disagreement which he escaleted by saying if I din't shut up he would 'floor me,' to which I responded "that will solve everything, hit me?"

Obviously this guy has no conception of sarcasm.

I work at a large UK chain of restuarants and basically I have no rights regarding sick pay etc. I have no specific contracted hours and I'm only contracted to "business needs" which basically means they can give me as little/much as they choose. Sick pay is not offered at all. I have a fairly large gash on my face and my aunties wedding this Friday :( I am pretty upset and it occured in front of customers!

So what I want to know is, where do I stand legally. I am supposed to be leaving this Sunday and moving to a new restaurant so I find it likely that it will be swept under the carpet when I go. I am tempted to stay however to see this through, however I feel as though he may be made out to be the victim. What should I do, Should I walk away from the company (not moving to the new restaurant)? A part of me thinks that I need to see this through as it should not be allowed to happen in a place where I am supposed to be safe, especially from memebers of staff where a mutal respect is required to work together.

Thoughts?
 

John7

Well-known Member
Report it to police. TBH, you should have done that straight away. It may not be to late though.
 

DOBLY

Well-known Member
Definitely report it to the police. Also, next time you are in work report it to the manager - he will thank you in the long run as he won't want the first that the company hears about this to be in the court news in the local paper - especially as you say customers may have witnessed the incident. The company should have a reporting mechanism for any unusual incident - this may be in the form of a health & safety log, accident report - that kind of thing. If your manager doesn't take this seriously, then remind him that as he has sent the offender home, he will have to explain that to his boss.
As for your continued employment with the company - that's up to you. The fact that you were employed at the time of the incident is all that matters - if you leave, they still have an obligation to investigate - it will be easier for you to be 'kept in the loop' if you are still employed by the same company than if you leave and go elsewhere. If you move to another branch of the same company you should make your new boss aware of what happened too - he may be keen to fight your corner to see that justice is done.

Good luck and post the outcome here. Enjoy the wedding - you might get lucky, scar-face !!

Dobly
 

witham

Active Member
So here's the deal, some guy (my colleauge) thought it would be a good idea to whack me across the face with some metal tongs tonight. Naturally he got sent home, and the incident occured after a minor disagreement which he escaleted by saying if I din't shut up he would 'floor me,' to which I responded "that will solve everything, hit me?"

Obviously this guy has no conception of sarcasm.

I work at a large UK chain of restuarants and basically I have no rights regarding sick pay etc. I have no specific contracted hours and I'm only contracted to "business needs" which basically means they can give me as little/much as they choose. Sick pay is not offered at all. I have a fairly large gash on my face and my aunties wedding this Friday :( I am pretty upset and it occured in front of customers!

So what I want to know is, where do I stand legally. I am supposed to be leaving this Sunday and moving to a new restaurant so I find it likely that it will be swept under the carpet when I go. I am tempted to stay however to see this through, however I feel as though he may be made out to be the victim. What should I do, Should I walk away from the company (not moving to the new restaurant)? A part of me thinks that I need to see this through as it should not be allowed to happen in a place where I am supposed to be safe, especially from memebers of staff where a mutal respect is required to work together.

Thoughts?

Report him to the police asap. You may think you don't have any rights on the work front but you do have the right to work in a none violent work place wherever that should be geographically. It matters not that you are intending to leave but make sure you get the matter reported to keep the momentum, violence of any sort especially in full view of paying customers should not be tolerated. Good luck dude..:smashin:
 
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unique

Moderator
you should give acas a call. you will be able to explain your personal circumstances regarding your contractual terms and try and determine what you want, and what is available to you. it may be appropriate for you to file a formal greivance that your employer will have to investigate. the employee who assaulted you should be subject to a formal disciplinary hearing, which would likely result in dismissal for gross misconduct as presumably that is an offence considered serious enough for dismissal

i presume you are simply changing job location and not employer? ie changing from one branch of burger hut to another?
 

WhyAyeMan

Well-known Member
Revenge should be on the cards, up to you whether you do it officially or unofficially ;) I suspect the former is a better idea though. Its assault. Its a sackable offence. Go to the police, show them your injuries and tell them you want to press charges.

I have to say though, well done for not hitting back. If it was me, I dont think I could have shown such restraint.
 

Newton's Ring

Active Member
as an aside, what the hell is wrong with kitchens and restaurants that they feel it reasonable to treat staff with such contempt - you wouldn't (never say never) get that in an office environment.

I blame Gordon Ramsay and shows like Hell's Kitchen.
 
D

Deleted member 36193

Guest
I'm not a lawyer, but was witness to something very similar, and the company you work for will have to take this seriously.

The employer has failed in their legal duty of ensuring your work environment is safe. If they were to ignore this incident, or try to sweep it under the carpet, they'd be seen as complicit in the other employee's actions (they may be anyway-if it was a sexual harassment case, the employer would be equally liable for an employee's actions if they haven't done everything they could to avoid it).

By law there has to be an accident book in which any injury, however caused, have to be logged at the earliest possible time. To not have an accident book is a breach of employment law. So ensure it's been logged already. If not, ask why not.

Definitely speak to the branch manager, but don't leave it there. Tell them you have been assaulted, and police involvement is a must. If a customer had assaulted a member of staff, they'd be all over it. And this must be treated in the same way.
 
M

Mickey G

Guest
As I understand it you said...

"that will solve everything, hit me?"

Perhap he heard like...

"That will solve everything. Hit me!"

It which case I doubt you have any legal standing.
 

nheather

Distinguished Member
As everyone has said

1 - Report to the police

2 - Go to your management with your report and police incident number

3 - Tell them you want this to be treated and that you need some paid sick leave (special compasionate leave)

If they refuse then tell them that wanted to deal reasonably but you have been left with no option to take legal advice about being assauted by one of the company's employees. The company has a duty of care to ensure a safe working environment for you. If the company doesn't want to behave reasonably then you can take a lot of money from them at tribunial.

Cheers,

Nigel
 

turk3y

Well-known Member
As I understand it you said...

"that will solve everything, hit me?"

Perhap he heard like...

"That will solve everything. Hit me!"

It which case I doubt you have any legal standing.

how so, none of thoes words are thretening so the other guy cant say he struck out in self defence or that you where verbally assulting or abusing him, and I am sure "he asked for it guv" wont really get him off the hook.

all I can hear in my head is an old teacher saying
"if he asked you to walk of a cliff would you?"

if such a defence was to work can I sudgest winding him up till he exclaims
"well you can stick that where the sun dont shine"

and promptly stich whatever you have handy right.... well you get the idea ;)
 
M

Mickey G

Guest
I feel bad for making a joke about your situation.

If you don't have to work with this guy again, I suggest putting it behind you.
If you have to work with him I suggestion trying resolve your issues. Arrange a meeting with the guy and your manager if neccesary.

Best of luck.
 

Monopot

Well-known Member
Cut his brake cables... I mean phone the cops!

Fair play on not hitting back, gives you more options in the long run that does.
 

Solomon Grundy

Distinguished Member
Report it to the Police and also make an official complaint to the Manager and tell him that you have been to the Police.
 

wellladida

Well-known Member
Call NATIONAL ACCIDENT HELP LINE ==> 0800 376 0150

Please dont i could imgaine it now: I got hit over head with tong and I got lots of money.

Note: Im not taking the mick out of how you speak but how the people on the ads speak thought id clear that up before people take it the wrong way.
 

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