Self Defence at Work.

[Aventus]

What's the law on this?

 

Basically I was punched by a colleague while I was sat down. I got up and wrestled him to the ground and held him there til help arrived.

 

I've been suspended while they investigate this. Will this go down as reasonable self defence against an assault, or will it count as the pair of us fighting, therefore both are to blame and I should find out where the nearest job centre is?

 

 

All help would be appreciated, I could really do without getting sacked if I'm honest.

[Jairzinho]

What happened prior to him punching you?

[Anny Road]

Say nothing.Get a solicitor.

[Trumo]

It's like a Si thread with better spelling and grammar. Asking for opinions and advice while providing very little context.

[Anny Road]

I’ve been sacked for stuff like this before. Even the word Solicitor stops the process.

[Aventus]

What happened prior to him punching you?

I came in slightly late, he's calling me a knob head etc, I tell him to fuck off and mind his own business seeing as he works in a different department. He marches across the room waving his finger in my face telling me he's gonna kick my head in at home time then he walks off.

 

Couple of hours later after break, I noticed its slightly after the end of break time, I shout into the next room "it's 11 past, time to get back to work" while walking off chuckling to myself, I hear him calling me a dickhead.

 

I go upstairs, sit at my desk, and a couple of seconds later he flys in and punches me asking if I still think its funny.

[Greycellgreen]

Legally you’re well within your rights to restrain someone after being assaulted.

 

You’d need to take legal advice, but If you got sacked and subsequently cleared of any legal wrongdoing you could have a case for unfair dismissal.

[moof]

Any witnesses?

[Chip Butty]

Don't shoot the messenger!

 

Points raised will be - your lateness(is there history of this?), his and your foul and abusive language which, can be construed as aggression from both parties and his action of instigating an assault and your reaction. 

 

There will be witnesses sought no doubt, but looking at it from a distance and just the headlines - I think you will be both very fortunate to keep your jobs.

 

Soz.

[Aventus]

Any witnesses?

A witness to him walking a fair distance to wave his finger in my face, but didn't hear the threats.

 

And a witness to him running upstairs and the small scuffle on the floor, but not to the actual punch.

[Trumo]

Sounds to me like you've had some previous run-ins (if not punch-ups) with this guy before, because it's not clear why he'd be so aggressive and inflamatory over something so relatively trivial.

[Aventus]

Sounds to me like you've had some previous run-ins (if not punch-ups) with this guy before, because it's not clear why he'd be so aggressive and inflamatory over something so relatively trivial.

Zero run-ins with him, barely spoke to him since he's worked there. No physical contact until the punch.

 

He has previous for kicking off with one of my friends in there, amounted to nothing and when management asked them about it both denied anything happening so didn't go any further.

 

I've been late a few times, but like I told him, he's in a different department, it doesn't impact his life in any way.

[Numero Veinticinco]

He initiated a physical attack. The only thing you did wrong was the antagonistic jibe. He threatened to physically assault you and then did.

 

Anny is spot on. Say nothing. Lawyer up.

[Mook]

I came in slightly late, he's calling me a knob head etc, I tell him to fuck off and mind his own business seeing as he works in a different department. He marches across the room waving his finger in my face telling me he's gonna kick my head in at home time then he walks off.

 

Couple of hours later after break, I noticed its slightly after the end of break time, I shout into the next room "it's 11 past, time to get back to work" while walking off chuckling to myself, I hear him calling me a dickhead.

 

I go upstairs, sit at my desk, and a couple of seconds later he flys in and punches me asking if I still think its funny.

 

Where do you work, primary 3?

[Oh Buoy]

From where I see it, it's only fair that you shag his wife.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Then ask if it's still funny. 

[Champ]

Where do you work, primary 3?

Primary 3. Niche Scottish joke. I laughed

[deiseach]

Work Bloo gets around.

[Liverpool lad]

Finger him

[mattyq]

If you're not in a Union join one

If you are in a Union talk to their solicitor

From what you said it sounds like self defence... always be a member of a Union

[Denny Crane]

If they want you out they will probably try and sling you both out. Are you a member of a union if so get them on the case and don't give any statements until you have taken some advice. As Anny says once they know you are seeking impartial advice they will be more cautious about how they approach you.

[Lee909]

Without anyone witnessibg him punch you first your best getting legal/union back up here. He will probably claim he felt threatened.

[Strontium]

If someone assaulted you, whether in work or elsewhere, surely the sensible thing would be to report it to the police.

 

Assuming your account is correct, you are the victim of a crime here, not the perpetrator of one. Any workplace that sacked someone for being assaulted would be on very dodgy ground.

[Anubis]

He's attacked you by punching you. He's also gone out of his way to do it. I presume he was going to hit you again and that is why you restrained him and shouted for help.

 

In law, if you are being attacked you are entitled to use reasonable force to defend yourself. The force has to be reasonable and proportionate, and cannot go too far.

 

If all you have done is restrain him until help arrives then I can't see how it can be anything other than self defence. Provided you thought he was going to continue to attack you. You may have to answer to your emoloyers for the schoolkid stuff that preceded it though.

 

Also, your employer may ask you to write down what happened. Ask them if it's being referred to the police. If it is do not give them an account until you have been interviewed under caution by the police with a solicitor present. Representation in the police station is available under the legal aid scheme for everyone. Do not fall for the 'if you have a solicitor it will take longer line' either. The police prefer you unrepresented.

 

The reason you should not give an account to your employer is that you probably won't have legal advice at that stage, and you may say or write something incriminating which can be passed to the police either in a statement from the person you are speaking to or what you've written.

 

EDIT: Sorry. Out and about on phone so apologies for any spelling errors.

[Lee909]

This is when a union membership helps no end. The free legal part is worth the small monthly cost alone. And employers who otherwise chance shit think twice as they know you'll have legal backing. I was ignored for nearly three months of my company paying me a days wage missing. Got fucked off called the union and all of a sudden got a call the next day saying it would be in my bank in three days

[Guest]

Any witnesses?

Best post on the thread so far.